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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Delegation of functions to tribunal caseworkers

shawn mach
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Thanks to Simon and Martin at CPAG for alerting us to this new Practice Statement:

Delegation of functions to tribunal caseworkers

1. The Senior President of Tribunals hereby approves that an appropriately trained member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 and designated as a ‘Tribunal Caseworker’ by the Chamber President, may carry out the functions of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 set out in paragraph 3 below.

2. A Tribunal Caseworker must have been authorised by the Chamber President to exercise those functions. All functions must be exercised under the supervision of a judge and in accordance with guidance issued by the Chamber President.

3. A Tribunal Caseworker may make all decisions that a judge assigned to the Social Security and Child Support /Criminal Injuries Compensation jurisdiction may make under the Tribunal Procedure (First Tier Tribunal) (Social Entitlement Chamber) Rules 2008 save those which are substantive final decisions.

4. In accordance with rule 4(3) of the Tribunal Procedure (First Tier Tribunal) (Social Entitlement Chamber) Rules 2008, within 14 days after the date that the Tribunal sends notice of a decision made by a Tribunal Caseworker pursuant to an approval under paragraph 1 above that party may apply in writing to the Tribunal for the decision to be considered afresh by a judge.

5. This practice statement is issued for a period of six months, extendable to twelve months following a review. If it is extended, a further review will take place at the end of the twelve month period. 

The Rt. Hon. Sir Ernest Ryder
Senior President of Tribunals
20 April 2016

 
https://www.judiciary.gov.uk/publications/delegation-of-functions-to-tribunal-caseworkers-2/

shawn mach
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shawn - 19 May 2016 10:49 AM

3. A Tribunal Caseworker may make all decisions that a judge ... may make ... save those which are substantive final decisions.

Just wondering what an insubstantive final decision would be?

shawn mach
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There are also new practice statements relating to the First-tier Tribunal Tax and Immigration and Asylum Chambers which give more detail in relation to those jurisdictions

Tax: https://www.judiciary.gov.uk/publications/delegation-of-functions-to-tribunal-caseworkers/

Immigration and Asylum: https://www.judiciary.gov.uk/publications/delegation-of-functions-to-tribunal-caseworkers-3/

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shawn - 19 May 2016 12:46 PM
shawn - 19 May 2016 10:49 AM

3. A Tribunal Caseworker may make all decisions that a judge ... may make ... save those which are substantive final decisions.

Just wondering what an insubstantive final decision would be?

I think it’s trying to make a distinction between, say, a strike-out decision (e.g - lack of jurisdiction, not an appealable decision, out of time) - which would be a ‘final’ decision - and a final decision on entitlement - e.g. whether there is recoverable overpayment, entitlement to PIP etc. The caseworkers can make the former buut not the latter, is my guess.