having been aware that others have in other cases suggested that, where there is substantial delay by the DWP or whoever in getting a matter before the tribunal, it is possible to get the tribunal to order the papers be prepared, i just tried that in an IS LTAHAW case.

the client submitted an appeal in August, and we are no nearer the DWP even preparing papers (they've lost their papers in storage....despite appeal being submitted within the allowed month!).

Anyway, wrote to TAS, who say there's nothign they can do...

anyone any further suggestions?

thanks

claire

Who specifically did you write to? And get a response from?

I've had to do this a few times - and my usual approach is to write to the DWP or council setting out tribunal's powers to require submission and direct hearing (R(H) 1/07 and reg 38(2) of the D&A regs stuff) - more or less a "letter before action", giving them a month to sort it out. Find that they usually do then get their act together and that TS is much more ready to act where it can be seen the respondent has been informed of course of action we will take.

I'd always send papers marked for the attention of a named DC, rather than just TS in general. I'm not sure too many DCs would consider four months unreasonable delay, however......

Thanks....

usually up here they're huge amounts quicker!

Another approach that I always finds works is to send a letter to the M.P., as once a letter is received from an M.P. in an Office, they suddenly get things moving.

yes, i'm thinking about that one....

cheers all.

Hello Claire,

I've never tried this, but been told by several tribunal chairs in meetings with TS that, where there is a substantial delay in the DWP sending in their submission, a representative can ask for the appeal to be listed on their own submission. I believe this was done a lot when HB was transferred to the TS and local authorities were sitting on appeals in the same way that they sat on review board applications.

You should write directly to a district chair. Enclose a submission that covers everything that you would expect the DWP to cover. Ask the chair to list the appeal on your submission.

Send copies of any corespondence you have. Don't worry about copies of claim forms and such if you don't have them - if the appeal is listed the DWP should send copies. If they can't because they're lost, ask tribunal decide what was likely to be in them on the balance of probabilities.

Hope this is useful and good luck if you decide to do it.

Thanks paddy; i'll try again in january, but still got to get past the clerk that says there's no power to do it....

Reg 38 of the D&A Regs is in the following terms. The HB Regs have identical provisions.

38. - (1) The procedure in connection with the consideration and determination of an appeal or a referral shall, subject to the following provisions of these Regulations, be such as a legally qualified panel member shall determine.

(2) A legally qualified panel member may give directions requiring a party to the proceedings to comply with any provision of these Regulations and may at any stage of the proceedings, either of his own motion or on a written application made to the clerk to the appeal tribunal by any party to the proceedings, give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to the proceedings to provide such particulars or to produce such documents as may be reasonably required.

(3) Where a clerk to the appeal tribunal is authorised to take steps in relation to the procedure of the tribunal he may give directions requiring any party to the proceedings to comply with any provision of these Regulations.

yay!


thank you.....

and now unnecessary, a couple of hours after my last post, the dwp rang to say that (6 months down the line!) they have changed their decision, IS will be backdated to august, they'll tell HB, grovel...

despite my client getting her appeal in well within the month allowed, the papers had been sent back to heywood and then went missing! even the DM had been tearing her hair out...