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HMCTS lost all appeal papers including decision notice
A mother emailed me to say that her son had a tribunal in June but when he didnt hear anything (paper hearing) she contacted them this month only to be told that everything had been mislaid. Don’t have much information despite asking but am interested it what someone should do. Surely the clerk would have informed the DWP of the decision but if there is nothing?! Set aside seems unfortunate if you had won…
Any ideas?
1st step would be to check whether the DWP have been notified of a decision surely.
[ Edited: 2 Aug 2019 at 01:16 pm by Dan_Manville ]Yes, that was my first advice to the client.
And presumably mother has the decision notice (and other papers relating to the appeal) otherwise she wouldn’t be aware the appeal had been allowed?
You would think that but she said that she has nothing. I specifically asked as I had first thought she meant the appeal bundle but she said that there had been a hearing and her son had received nothing following this. It’s all by email as she is deaf and her son has mental health problems so she’s emailing on his behalf. She has emailed HMCTS and they told her that the papers had been mislaid.
If everything has disappeared other than seeing if the DWP has info, what do you do
Statement of reasons? The judge would have had to keep their record including the conclusion.
Sorry, I read this,
Set aside seems unfortunate if you had won…
as your saying she had won? Have I misunderstood and in fact she has no idea of the outcome?
She doesn’t. Hoping the judge will have a record.
How does she even know the case has been decided? Last time I had a paper case, no notice of hearing was sent and we only knew the case was decided because the decision turned up.
To be honest it’s all a bit odd. I’ve asked her further questions which she hasn’t yet answered. I asked if it was the decision notice that she hadn’t received but she just says there was a tribunal and they have lost all the papers. That’s all she states when I ask her to clarify and I cannot telephone her.