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Top Decision Making and Appeals topic #3670

Subject: "1st tier tribunal delays" First topic | Last topic
Peter Turville
                              

welfare rights worker, Oxfordshire Welfare Rights
Member since
03rd Feb 2004

1st tier tribunal delays
Thu 26-Nov-09 04:01 PM

We are experiencing increasing delay in listing of cases (on top of increased delay in provision of submissions by JC+ etc). We now advise cases unlikely to be listed for at least 4 months after return of TAS1. For JC+ benefits particularly this can now mean 8 month plus from appeal to hearing.

We are in TS Birmingham region (and Cosham BDC). Are there now similar delays in other regions?

We make complaint about delay in individual cases (which sometimes generates a date by return of post!).

Has any organisation out there made a general complaint to TS, MPs etc about the delays? What response did you get?

  

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Replies to this topic
RE: 1st tier tribunal delays, bensup, 27th Nov 2009, #1
RE: 1st tier tribunal delays, Rosessdc, 27th Nov 2009, #2
      RE: 1st tier tribunal delays, pete c, 27th Nov 2009, #3
           RE: 1st tier tribunal delays, Dan_manville, 27th Nov 2009, #4
                RE: 1st tier tribunal delays, Peter Turville, 27th Nov 2009, #5
                     RE: 1st tier tribunal delays, ariadne2, 27th Nov 2009, #6
                          RE: 1st tier tribunal delays, AlteredChaos76, 30th Nov 2009, #7
                               RE: 1st tier tribunal delays, Assessor, 01st Dec 2009, #8
                                    RE: 1st tier tribunal delays, Tony Bowman, 01st Dec 2009, #9
                                         RE: 1st tier tribunal delays, Casework team, 01st Dec 2009, #10
                                              RE: 1st tier tribunal delays - Replaced by Surge, darlocab, 20th Jan 2010, #11
                                                   RE: 1st tier tribunal delays - Replaced by Surge, Peter Turville, 20th Jan 2010, #12
                                                        RE: 1st tier tribunal delays - Replaced by Surge, Tony Bowman, 20th Jan 2010, #13
RE: 1st tier tribunal delays, AlteredChaos76, 23rd Jan 2010, #14

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: 1st tier tribunal delays
Fri 27-Nov-09 11:19 AM

We're seeing these delays too - our clients now get a "flyer" in with their TAS1 stating that their appeal is unlikely to be heard until at least March 2010.

We have not yet complained but it is something i have been considering - especially as appeals are only held in Barrow on a Monday and Friday and i've never questioned this either as this has not always been the case, but now seems to be considered the norm.

  

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Rosessdc
                              

Welfare Benefits Advisor, South Somerset District Council
Member since
24th Jul 2007

RE: 1st tier tribunal delays
Fri 27-Nov-09 12:08 PM

Feedback from TS is that numbers of appeals have increased far beyond expectations, partly because of the economy, partly ESA. They are doing the best they can, but resources are limited. I have always found staff helpful if I have a client experiencing hardship and need an urgent listing. I think perhaps we should be lobbying our M.P.s, who can perhaps push for additional funding.

  

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pete c
                              

Welfare Rights Officer, Adult Social Care, Cornwall County Council, Truro
Member since
30th Oct 2008

RE: 1st tier tribunal delays
Fri 27-Nov-09 12:18 PM

Fri 27-Nov-09 12:18 PM by pete c

I have recently seen letters in with enquiry forms saying that the appeal is unlikely to be heard before 12.02.10. I'm making space in my diary for the week aftewards!

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: 1st tier tribunal delays
Fri 27-Nov-09 01:08 PM

They're trying to work to a 17 week deadline for listing at the minute but it's very hit and miss. I don't know what you venue's like for having Judges available to hear cases, it seems up here in Brum we're shipping them in from all over the country, well certainly Liverpool. Nottingham and Oxford to try and get the back log down, it may well be that we've pinched all your judiciary.

We've had word today that an edict has been handed down from on high that all "old" appeals are to be listed before the end of the financial year so it'll probably be worth checking down the back of your filing cabinets...

  

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Peter Turville
                              

welfare rights worker, Oxfordshire Welfare Rights
Member since
03rd Feb 2004

RE: 1st tier tribunal delays
Fri 27-Nov-09 01:27 PM

Thanks for your replies - we have always had a good relationship with TS birmingham (and JC+ appeals). Clearly there a whole range of factors affecting TS. However that doesn't help our clients (or our caseloads!).

We have now asked Oxon MPs to take up the issue with DWP and Min of Justice - we await their responses!

Does anyone know if NAWRA have raised the delays at national level?

Still interested to know experiences from other areas please.

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: 1st tier tribunal delays
Fri 27-Nov-09 01:49 PM

There is a big problem with the Reading venue (to which Basingstoke, Reading and Newbury appeals go) as the TS can only get access one day a week in the (shared) premises with other Tribunals. They are farming appeals out from Basingstoke to other nearby venues such as Aldershot (normally only used 2 days a week but not shared with any other user, which is part of the Sutton region) and Southampton (part of Cardiff's patch). Reading is the Southern edge of Birmingham's patch and will be affected by Oxford's problems too (the nearest DTJ is based in Oxford). We suffer from being on the edge of three separate regions which makes transfer between venues even harder.

  

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AlteredChaos76
                              

LSC Welfare Rights Caseworker, Citizens Advice Bureau, Taunton, Somerset
Member since
21st Apr 2009

RE: 1st tier tribunal delays
Mon 30-Nov-09 07:46 PM

Hi all,

I hate to say it but in the South West the TS are turning cases around pretty quick, only 6-8 weeks for a hearing following return of TAS1.

The downside is we are really having to remind them of our requests for 14 days notice.

  

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Assessor
                              

Housing Benefit Assessor, Penwith District Council
Member since
29th Mar 2004

RE: 1st tier tribunal delays
Tue 01-Dec-09 08:06 AM

Not in Cornwall they're not, at least 3 months for Hb/Ctb, also some appeal responses sent August yet to be listed...

I was unofficially told that there was a lack of funding at the start of the year which has possibly contributed to any delays.

Also Tribunal Service has telephoned me on occasion to tell me of cases listed to be heard within a few days to check I could attend on the date/time as a letter did not seem to have been sent to the authority...

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: 1st tier tribunal delays
Tue 01-Dec-09 08:57 AM

A new venue opened last week at Reading to reduce the (up to) nine month delay after TAS1 returned.

Sounds great, but we're being pummelled by an influx of hearing dates with the minimum of notice.

It's all swings and roundabouts...

  

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Casework team
                              

Legal Casework Officer, RNID London
Member since
17th Aug 2006

RE: 1st tier tribunal delays
Tue 01-Dec-09 02:02 PM

Not sure if NAWRA have raised this nationally, but we sit on the NCRLF forum and meet directly with the president twice a year and these meetings have proven to be useful on many fronts, we have links into Fox Court, so if anyone has any specific questions regarding time limits in given geographical areas then please let me know and i will forward them on.

  

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darlocab
                              

welfare benefits, darlington citizens advice bureau
Member since
03rd Mar 2009

RE: 1st tier tribunal delays - Replaced by Surge
Wed 20-Jan-10 08:37 AM

Just to awakin this post.

Since November'09 there was a delay/backlog of listing appeals. The situation in my area now is :-
January 10 appeals listed,
February 6 appeals listed,
March 24 appeals listed ( All Notices issued from 5th Jan)
April - NIL appeals listed

Is this the same in other arears ?
It would appear the TS are listing all appeals before the end of the financial year, no matter what, to meet their targets - this is not helpful for clients or reps.

Am I right in that the TS although funded by the government, are actualy independant and have to be run as an independant buisness?

  

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Peter Turville
                              

welfare rights worker, Oxfordshire Welfare Rights
Member since
03rd Feb 2004

RE: 1st tier tribunal delays - Replaced by Surge
Wed 20-Jan-10 09:46 AM

Yes - it would appear TS are listing cases to meet clearance targets by the end of the financial year. We have been advised that there has been an unexpected rise in the number of appeal (i.e over and above anticipated ESA appeals). Perhaps TS have been given extra cash to meet the unexpected demand? However, a rush (or drop) of listings in Jan-March each year is not unusual for budgetary reasons.

What is unpresedented in my 20+ yrs as a rep is the numbers being listed. For example this week as an organisation we have an unpresedented 30 cases listed for hearing. Oxford venue is having double tribunals at least 3 days a week. This means not only are we there all day but trying to be in 2 rooms at once! The listings includes are large number of ESA cases as they (finally) make it through the delays.

In practice we do not have the staff resourses to rep all these cases. We are having to send even vulnerable clients on their own with a sub. and med. ev. Will the lack of representation affect the outcomes?

We have raised appeal delays at DWP & TS with all local MPs - we are still awaiting a response from MofJ and DWP!

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: 1st tier tribunal delays - Replaced by Surge
Wed 20-Jan-10 10:53 AM

I've raised similiar issues with TTS.

We went from a six-nine month wait, to a plethora of listed cases in a matter of a few weeks.

Along with this has been a very noticeable increase in administration failures. For example, in one case, the appeal was listed just 12 working days after we received the dept's response and with the minimum notice period of 14 days. The notice was sent out over the christmas period and was delayed by the weather. When I got it there were 7 days remaining. We were not ready (difficult case) so I requested a postponement. Not having had a reply I called TTS and was told my request hadn't been recieved (fax and post) so I emailed another. I received a call the day before the hearing to say the request had been refused and we should go. My client incurred £40 in taxi fares and a days unpaid leave to attend the appeal. When we got there, the tribunal clerk was srprised to see us. They had a decision on the first postponement request which contradicted the second and we hadn't been notified. Our slot had been given to someone else and we were not seen.

I emailed TTS in December about the sudden influx of listed cases and the problems that was causing us. I have not had a reply, so I included the issue in a complaint about the case above last week to the listings manager. Reply awaited.

  

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AlteredChaos76
                              

LSC Welfare Rights Caseworker, Citizens Advice Bureau, Taunton, Somerset
Member since
21st Apr 2009

RE: 1st tier tribunal delays
Sat 23-Jan-10 10:06 PM

Hello All,

I now have to backtrack on my earlier posting... Our clients (like yours) are now receiving notification with the TAS1 that their hearings will not be listed until after April 10th.

That will teach me!!
Chaos

  

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