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Judges to explain decisions
In answer to the criticism that too many appeals find that “the wrong decision was made in the first place”, Esther McVey says “the majority of overturns are the result of new information being supplied on appeal”. Are there any statistics to back this up?
More to the point, what does “supplied on appeal” mean? It seems to me that it often refers to information made available to the DWP before the hearing, which they consider but do not find sufficient to change their minds. In which case, it is still very much the case that decision-makers and tribunals are taking a different view of the same facts. And given that the FTT generally gets the last word, the DMs are indeed getting far too many decisions “wrong”.
(Or does she mean evidence supplied at the hearing itself, which the DWP fail to attend?)
Well I had an appeal yesterday, there was a subscript at the end of the decision notice saying
“The Tribunal reached a different conclusion, having regard to physical factors, on substantially the same facts”.
The appellant had scored 9 points from descriptor 1 in schedule 2. The Tribunal awarded schedule 3 para 1.