I am looking for some Upper Tribunal / Commissioners' decisions commenting on the tendency of DWP to be absent from first tier hearings. If anybody has a case reference or two I would be exceedingly grateful. Thanks!

Tom Royston

Not entirely sure if commentary on DWP absence would be highlighted in Upper Tribunal or Commissioners decisions, but it was highglighted in last weeks Decision-making report from the House of Commons, see link below:

http://www.publications.parliament.uk/pa/cm200910/cmselect/cmworpen/313/313.pdf)

Thanks for that - very useful. I'm sure I remember reading a decision relatively recently where it was commented on - maybe one of Wikeley's? I shall go and trawl through the online database, unless anyone else has a suggestion...

Particularly relevant in the report you cited, at page 40:

"Judge Martin noted that only 16% of hearings are attended by a PO. He commented that the failure of DWP to attend tribunals had been raised in each of the President’s reports since 2000–01 (when the attendance rate was 40%). He explained that nonattendance by DWP meant that the tribunal judges were often left to explain the department’s case, which meant that the tribunal’s “integrity and neutrality is compromised.”129 He also suggested that by not attending, DWP misses the opportunity to receive valuable feedback on the quality of its decision making."

Cheers
Tom

this one may be of interest ... the Tribunal of Commissioners decison in R(IS) 17/04 ...

• rightsnet briefcase summary
  
• full decision

Mon 15-Mar-10 03:46 PM by ros.white

Hi

See Judge Jacobs' decision in joined cases CCS/1487/2009 and CCS/1488/2009 and consequent DMG Memo13/10.

Here's link to rightsnet news story - Duty of presenting officers to attend tribunals where directed to do so

Cheers Ros