Deciding not to decide not to supercede

I’m sure that this question has arisen before, but ...
When the Jobcentre issues an ESA50 which is completed and returned but the claimant hears no more about it, the suspicion is that the benefit centre has looked at it, thought to themselves ‘nothing to worry about here’, put the form to be shredded, and saved the aggro involved in doing the paperwork properly (i.e. made an unofficial decision not to make an official decision not to supercede).

However, it is important to the claimant, who is worrying about the outcome, and also because they may want to appeal against a decision to keep them in the WRAG rather than to put them in the SG.

I notice this sort of thing happening a lot with the Benefit Centre servicing my area (Chippenham BC).

In fact it is happening so much that next time a client has their ESA stopped for failing to return an ESA50, I am considering appealling on the ground that the ESA50 wasn’t required for ‘determining’ capability for work (as required by ESA reg 21), merely for determining whether a determination should be made!

just realised that my post sounds like it was written by Sir Humphrey!