URGENT! DWP refuse to act on Tribunal decision - advice please

Hi all

I know it’s Friday but could I ask for advice on this case…...

ESA tribunal in Feb 2014, successful and client awarded SG - the case was complex in that DWP argued there was only one appeal relevant from 2012 as they refused to accept client’s former claim from 2011 has been ‘correctly appealed against’ - various letters and submissions back and forth and DWP attempted to get appeal struck out but the case was eventually heard in full in Feb 2014, full circumstances disclosed and discussed with Judge and Judge deemed client had submitted valid appeal and back-dated decision to 2011.

Decision sent to DWP…..no reply, further copy, no reply. A WSOR was issued in March 2014 but we didn’t respond to that as we had no need to…...no further correspondence between DWP and HMCTS at all (checked today)......client still not paid arrears so queried again what was happening…..

Have been informed today by DWP DM that they ‘not happy with decision and therefore are not accepting it unless we provide sufficient medical evidence to justify them superceding the original decision and then they will do it…...’

They helpfully pointed out there is already nothing on the file to justify such a supersession so informed us we need to go back to the client to get more.

It’s Friday but please anyone ....... is it me??

If they weren’t happy with the decision they could have requested WSOR and gone to UT. That is the correct procedure in such scenarios is it not? Why didn’t they follow procedure? They would have little time for a claimant who failed to follow proper procedures.

Refer the matter to the client’s MP and submit an official complaint to DWP with copy to Tribunal Service.

Or send ‘notice before action’ to the DWP solicitor office (address in CPAG handbook) requiring them to make payment with X working days or confirm that leave to appeal (inc. an extension of the normal time limit) has been made to the Upper-tier Tribunal.

Decisions on whether to make an appeal to UtT are made by the DWP legal team in Leeds - not by local staff. The DM would have referred the case to them for advice / action. Have you checked with UtT if they have received an application for leave (or extension of time) from DWP (although given delays at UtT is may be sitting in their in-tray & not registered on their system yet!)? Its highly unlikely that a DM will know what Leeds have done / are doing.

Agree with last post…the letter before action should be in my view in the format of a judicial review pre action letter. The alleged failure is the decision not to follow the decision of the FTT (and to pay), which is unlawful and irrational…the letter should threaten proceedings and seek urgent disclosure/ seek clarification, within say 14 days, of any appeal or permission sought by DWP to FTT or UT…and in the absence of such, that the payment is made or the matter will be pursued as a JR (and possibly referred back to HMCTS as a matter of contempt).

Funny this; I’ve got something similar; FtT said that the supersession to convert to IB was unsound and directed that claimant be placed back on IB.

DWP will have difficulty putting her back onto IB and I was expecting a UT application but it sat on someone’s desk and ran out of time. They’re vaccillating something chronic. I have wondered about seeking advice on a JR but there’s not much money in play.

Wondering too about referral to UT for contempt but no idea how to go about it.

Hi - JR on classic public/admin law grounds is not necessarily determined by the amount of financial benefit at stake….

the issue is clearly around a potential breach of admin law duty, a failure to meet lawful duties (to follow a judicial decision), and potential contempt ...these are are arguably wider issues than the amount involved financially.

Legal Aid (if available/if eligible) can be sought and/or to obtain Counsel’s opinion/advice at least.

A solicitor with a Public Law Contract, or an Actions Against Public Authorities contract would be able to advise.

We have such contracts here (but I’m not “touting”)....and, depending on the area the affected client is from, it may obviously be better to seek advice locally…

Do I need to refer potential JR work through CLA?

Public Law matters do not - as far as I am aware - have to go thru the CLA portal…but as I say a client may prefer a local lawyer…otherwise all those lawyers with contracts have a “tolerance” number of starts to deal with cases from out of their area

I thought tolerance work had been removed under the post LASPO contracts

I had a case previously where the dwp were refusing to comply with a tribunal decision.

I wrote to the tribunal service who issued a decision notice allowing me to make an application for contempt if they didn’t comply.

edited to put the link on.  turns out the case wasn’t as similar as I remembered

http://www.rightsnet.org.uk/forums/viewthread/2276/

You say “Judicial Review” credibly enough and money drops out of the sky… Funny that.

For reference, being as I’ve been hunting for case law around contempt proceedings by the UT I thought I’d offer a link to it.

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3123

NB: Being as there are currently a handful of people who might question my motives… I have another case where JCP are being intransigent in following an appeal decision and the decision in the case I’ve been discussing above is, well, questionable to say the least; JCP have revised a Tribunal decision to get themselves out of a potentially troublesome corner. I have enough of a record for crimes of conscience not to tempt this fate upon myself!