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clerks at HMCTS Bradford make judical decisions
Think you’ve pretty much confirmed all our worst fears there Rosie. A system deliberately designed to thwart appeals at every step. We really need a concerted effort to start raising the profile of this pre-election.
If there was a ‘like’ button I would press it Rosie. I couldn’t agree with you (and with Mike) more.
It’s not only those without a MRN - I submitted an appeal with all the relevant docs including the MRN and it arrived 2 days outside the time limit, one of those days being a Sunday. Yes, it was late - client has mental health problems and is very difficult to contact which led to the delay. [....]
If it arrived two days outside the time limit and one of the days was a Sunday, then I assume it was a case where the last day of the time limit was a Saturday? (eg it arrived on the following Monday).
If that is the case then the appeal was not late- rule 12 of the Procedure Rules says that if the last day for doing something is not a working day then time is extended until 5:00pm on the next working day.
If it arrived two days outside the time limit and one of the days was a Sunday, then I assume it was a case where the last day of the time limit was a Saturday? (eg it arrived on the following Monday).
If that is the case then the appeal was not late- rule 12 of the Procedure Rules says that if the last day for doing something is not a working day then time is extended until 5:00pm on the next working day.
Checked the file - final day was actually a Friday and it arrived (according to snippy lady) on the Sunday.
Think you’ve pretty much confirmed all our worst fears there Rosie. A system deliberately designed to thwart appeals at every step. We really need a concerted effort to start raising the profile of this pre-election.
I agree in principle however people i speak to in the “real” world are so dismissive of those on benefits that they generally dont give a monkeys.
This of course isnt true of everyone but its certainly the majority of people i speak to. Its literally a different world unfortunately.
The media stitch up has worked incredibly well in making claimants appear to be subhuman or irrelevant im afraid. Will this be seen as an election issue? Not sure…
Even when i point out to people about the thousands who have died due to Atos/DWP WCA failures people look at me like im either a liar, a lunatic or both.
The phrase “if only the fuhrer knew” seems to be quite apt unfortunately.
It also reminds me of the sign above the court in the Simpsons ” Liberty and justice for most…..”
Update. To be fair to HMCTS, I received a detailed response to (nearly) each of my grounds for complaint, and reasonably speedily. Interested to note they say:
- “our database is shortly to be amended to allow for representatives to be added for non compliant appeals”
In the meantime, they apparently have a “solution” which allows them to do that - but this was missed in my case.
- “we have amended our process to now accept appeals when the last day falls on the weekend. All appeals which have been received ‘out of time’ or ‘No grounds’, now go to a judge to make a decision.”
If that last point is correct, that addresses at least some of our concerns.
This appeal has now been accepted by HMCTS as compliant and forwarded to DWP for them to prepare a response - or object to it being out of time….
In discussion with a salaried judge this week apparently HMCTS acknowledge direct lodgement is a ‘shambles’ (judge’s word) and clerks were simply trained to look for the words ‘mandatory revision’ at the top of DWP decision notices and if not there would reject the appeal as ‘not valid’.
Apparently such decisions will now be referred to a judge for ‘proper’ judicial consideration although not known when this begins.
HMCTS - please post confirmation of the new arrangements and any new practice notice on Rightsnet