Procedure for telling tribunal service that appellant has a rep

DWP sent an appeal to tribunal service (pre October rules), with a request to strike it out. Tribunal service granted this and struck it out, apparently after giving the appellant a chance to submit arguments why they shouldn’t (which he didn’t do). We, as the client’s rep, weren’t notified about any of this. We only found out, when we chased up why the appeal had been acknowledged by DWP, but apparently not further actioned.

We have since got the decision revised in the client’s favour, so no need to get this one back into tribunal. But I am wondering why we weren’t in the loop (and who to complain to!). DWP tell me that because a letter from ourselves was in the papers, then that should have alerted TS to the fact that the client had a rep. Is there really no formal process for a benefit agency to tell TS about representatives?

I have seen ‘Notification of HB/CTB appeal’ forms, which the LA put as covering sheets on appeal bundles, which has tick boxes for “The appeal is duly made”, or “is late”, etc, and a space to put the appellant’s rep. Is something similar used by DWP?

And, is it reasonable to expect TS to pick up a rep’s existance in the way DWP suggest?

I don’t know if the DWP has a set procedure.  I’ve not come across one but TTS should really look out for this.  They should look at the schedule of evidence to see if it contains a letter from a rep.  They should certainly look at any pro-forma appeal form to see if a rep is nominated and also look for any separate letter from the appellant to see what that contains.  I suspect it was just a genuine oversight.

nevip - 01 August 2014 11:03 AM

I don’t know if the DWP has a set procedure.  I’ve not come across one but TTS should really look out for this.  They should look at the schedule of evidence to see if it contains a letter from a rep.  They should certainly look at any pro-forma appeal form to see if a rep is nominated and also look for any separate letter from the appellant to see what that contains.  I suspect it was just a genuine oversight.

We have had long term problems with Birmingham ASC not recording us as reps. They explain that they record only the information supplied by the responded decision maker (on form LT54??) sent with the appeal bundle. If a rep has not been recorded by the respondent decision maker HMCTS do not ‘double check’ to see if a rep. is authorised on the apppeal itself (that would involve HMCTS clerk’s checking through the bundle!). So its all the fault of DWP/HMRC/LA!

Following a recent meeting with the ASC they have noted the issue (and failure of Bradford direct lodgement to record an authorised rep.) and will ‘look at what they can do’ within the existing admin. procedure.

Of course that does not account for the cases where we became involved at a later date and notified HMCTS direct that we were reps. but were still not recorded!

We’ve come across this. Reps details are put onto the SSCS1 but are only recorded onto HM C&TS; database when the appeal is admitted.
The appeal goes first to a clerk to see whether to admit it (Rule 4)... and therein lies the problem.
And they wonder why appeal numbers have dropped

Yes, we’ve had that too.

Weren’t they supposed to have brought in a new proceedure to prevent that from happening? Or did I dream that bit?

Local authorities use a form called an AT37 which acts as an input sheet for the Tribunal clerks to set up a record on their system.  A quick google search suggests that both HMRC and DWP use exactly the same form.

If it is known that the appellant has a rep at the time when the response bundle is submitted, there is a yes/no tick box on the AT37 and additionally contact details for the rep should be provided in the “other info” box.

So if the person submitting the case to Tribunal is careful enough when completing the AT37 the clerks at HMCTS should always have the rep’s contact details on their system.  If the details are absent it is because the submission writer overlooked it or couldn’t be bothered to fill out the form properly.

Ah, thank you. Knowing the name of the form greatly helps :)

Some excerpts from the DMG:

4360 The appeals officer should send
1.form AT37 and
2.two copies of the response and papers (three if there is a representative - see also CAP 4340) to HMCTS.

[...]

4370 A completed AT37 must be sent with every appeal letter and response sent to HMCTS. [...]

4371 Complete the AT37 as follows:
[...]
About the appellant
Complete these details as appropriate
About the appointee
Complete these details as appropriate
About the representative
Complete these details as appropriate
About the Presenting Officer
[etc]

The really frustrating part is when having contacted the HMCTS contact centre and pointed out that we are recorded as reps on the GL24/SSCS1/letter and all they need to do is get the file out and check.

But because the caller centre is not located at the ASC they don’t physically have access to the file and because we are not recorded on the system as rep. they refuse to deal with the enquiry by refering it to the ASC for action or a call back!

DWP/HMCTS etc must pay systems engineers or whatever they’re called a fortune to devise these processes!