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Top Decision Making and Appeals topic #2948

Subject: "Delay receiving Decision Notice - Set-Aside / O.S.S.C.?." First topic | Last topic
Paradoxides
                              

Welfare Rights Officer, George Thomas Hospice Care, Nr. Cardiff, Glamorgan
Member since
15th Nov 2006

Delay receiving Decision Notice - Set-Aside / O.S.S.C.?.
Wed 03-Sep-08 01:02 PM

The Tribunal, an Oral Hearing attended by the Appellant and myself, took place on 1st. July 2008. The decision was not announced on the day as they needed further time for their deliberations. We were told that the Decision Notice would be sent out postally, as is usual in such cases, and that we would have it in a couple of days. After a few telephone calls to remind the Tribunal Office / chase it up, a Decision Notice was finally issued on 29th. August 2008. That is over 8 weeks without even having the knowledge of what the decision was.

A relevant document was not received at an appropriate time, so a set-aside will be applied for, in the interests of justice. However, it will also be pointed out that therequirement is that the Decision Notice should be sent out / given tothe parties to the Appeal "as soon as may be practicable". I would submit that that must mean "as soon as may be reasonably practicable", as reasonableness ought to be implicit here. I will seek L.T.A. if the set-asaide is not sucessful. Does anyone have any thoughts on this scenario?.

  

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Paradoxides
                              

Welfare Rights Officer, George Thomas Hospice Care, Nr. Cardiff, Glamorgan
Member since
15th Nov 2006

RE: Delay receiving Decision Notice - Set-Aside / O.S.S.C.?.
Wed 10-Sep-08 08:38 AM

Well, an application is in for a set-aside. If that fails I will seek L.T.A.. I will post it on here if there are any interesting developments!.

  

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