Activity 9 Upper Tribunal

I quoted in my submission [2017] UKUT 352 (AAC) RC v SSWP: “A brief conversation with a stranger about the weather while waiting for a bus does not involve establishing a relationship in the normal sense of the word. Nor does buying a burger or an ice cream, although both involve reciprocating exchanges.”

The Tribunal went ahead and found that saying hello to people when shopping, etc, meant that she did not meet the threshold for 9b. We applied for a set aside and the judge has instead granted permission to appeal, very briefly saying that they would have set it aside for not dealing with the ‘establishing relationships’ part of the descriptor but:

“there is authority that a relationship can be very limited in time. Which approach should the tribunal take of the two raised?”

1) What ‘authority’ do you think the judge is referring to?
2) It is difficult to make a submission to the UTT when the judge is so vague in their summary of the issues. I am assuming that they are making reference to the quote above as being one of the two approaches and the ‘authority’ as the other, but it is by no means clear. How should I deal with this?

Thanks.

Paragraphs 61-67 and particularly 66 of Hickey v SSWP [2018] EWCA Civ 851.

The question is whether the FtT erred in law. That will depend on what findings it made and the reasons it gave in relation to activity 9 and whether those findings and reasons were sufficient to justify its overall conclusions. I would not get too distracted by debating points made in the PTA decision.

Hickey is a poor authority on several levels. Never had any problems with it though given the sheer volume of UT cases which distinguish between mixing and engaging. It remains embarrassing that DWP actually think that using the phrase “Mixing with people” on a PIP form is somehow helpful and elicits (ironically) appropriate responses.

A relationship can indeed be limited in time but a reciprocation of exchanges or just an exchange involving a “Hello” from one party is not a relationship; does not involve engagement and may not be appropriate. An adult with LD saying “Hello” to every passing stranger being a fine example of what is not engagement nor appropriate.

Thanks both.

Elliot, what is a ‘PTA decision’ please?

The decision notice granting you “Permission To Appeal”.