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Judge issues directions for DWP to arrange an EMP visit claimant for an AA appeal - DWP’s response is you can’t cos….........
It seems to me, looking at the section in the Act, the tribunal procedure rules, and the cited case, that the tribunal can clearly order an examination by an HCP approved by the Secretary of State, and can specify what type of HCP. It implies that the tribunal can send the order direct to the HCP, and does not have to go via the Secretary of State. However, there is no explicit power to order the HCP to make a home visit. Also, as with virtually all legislation, the rules and the Act do not specify which Secretary of State has to approve the HCP. If the DWP and HMCTS have agreed that HMCTS will bear the cost of tribunal-directed HCP examinations then it may be the direction should go to an HCP approved by the Secretary of State for Justice.
What to do? If it was me I’d fire off a stiff letter, with a short deadline, to the Chief Executive of HMCTS pointing out that this issue is preventing the resolution of an appeal by an elderly claimant and asking that she either explains how to contact HCPs approved by the Secretary of State for Justice or explains how the issue between HMCTS and DWP can be resolved.
This sounds very similar to one I had with a PIP claim where the assessment provider had decided the claim without inviting claimant in for F2F.
FtT issued a direction for DWP to carry out F2F. Apparently the option of referring back to the assessment provider once it had been cleared never occurred to anyone to make provisions for.
Ended up with an EMP being sent out and (luckily) I sat in due to the uniqueness of the situation just to monitor the EMP.
Just as well, the Doctor who turned up was asking DLA questions and couldn’t quite grasp that the benefit under dispute was PIP.
Dr couldn’t understand why we refused to answer DLA based questions. No other EMP was sent out (even though a request was made for assessment under PIP)
Ended up client attended the appeal hearing and was awarded.
It seems to me, looking at the section in the Act, the tribunal procedure rules, and the cited case, that the tribunal can clearly order an examination by an HCP approved by the Secretary of State, and can specify what type of HCP. It implies that the tribunal can send the order direct to the HCP, and does not have to go via the Secretary of State. However, there is no explicit power to order the HCP to make a home visit. Also, as with virtually all legislation, the rules and the Act do not specify which Secretary of State has to approve the HCP. If the DWP and HMCTS have agreed that HMCTS will bear the cost of tribunal-directed HCP examinations then it may be the direction should go to an HCP approved by the Secretary of State for Justice.
What to do? If it was me I’d fire off a stiff letter, with a short deadline, to the Chief Executive of HMCTS pointing out that this issue is preventing the resolution of an appeal by an elderly claimant and asking that she either explains how to contact HCPs approved by the Secretary of State for Justice or explains how the issue between HMCTS and DWP can be resolved.
Thanks for the response Epping!
I posted in part because it’s becoming a increasingly common scenario with the DWP to ignore Judges Directions stemming from interlocutory applications from us and i’m guessing we are not alone and similarly, Judges pre-hearing directions. I.e. it’s always good to get this stuff out there!
Goes without saying we have shared with CPAG’s EWS.
I take your points, but i think in this instance and client happy too. We’ll wait HMCTS’s response to the DWP’s extraordinary response, i would imagine they are similarly underwhelmed too by the DWP’s indifference to rule 2, and other issues linked to this case.
I’ve probably read to much Dadist stuff. But there is something strangely surreal about a massive govt dept like the DWP. The sheer size of Caxton House alone takes some beating! You walk along the street and it goes on for ever before you can actually find an entrance.
Can’t adhere to a simple Direction and using their own in house-ish contracted out independent disability analyst’s etc etc and examine as you say an older adult in a little market town, represented by a little First-tier basic advice agency.
This sounds very similar to one I had with a PIP claim where the assessment provider had decided the claim without inviting claimant in for F2F.
FtT issued a direction for DWP to carry out F2F. Apparently the option of referring back to the assessment provider once it had been cleared never occurred to anyone to make provisions for.
Ended up with an EMP being sent out and (luckily) I sat in due to the uniqueness of the situation just to monitor the EMP.
Just as well, the Doctor who turned up was asking DLA questions and couldn’t quite grasp that the benefit under dispute was PIP.
Dr couldn’t understand why we refused to answer DLA based questions. No other EMP was sent out (even though a request was made for assessment under PIP)
Ended up client attended the appeal hearing and was awarded.
Thanks for the above Mick really handy to get other Welf’s experiences!