Appeal in June 2010

A new client of ours had an appeal for the overpayment of income support in June 2010, unfortunately he did not keep the decision letter.  The DWP apparently did not receive the outcome letter from the Tribunal Service so are still recovering the overpayment, although the client states he won the appeal.  The Tribunal Service said they have destroyed the file, which is done to every case 6 months after it’s finalized.  We have asked for a screen print from the Tribunal Service of the outcome, they have told us that they can only supply this to the DWP.  This seems wrong, and am of the opinion that they should provide it to us or our client due to the freedom of information act.

Can anyone help to tell us whether this stand by the Tribunal Service is unjust or not, and if not whether there is any other route to access details on a case heard previously by the Tribunal Service other than contacting the DWP.

GReg

A4U

Your client has a right to a copy of the information held about him.

See http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx
It would appear the Tribunal Service need a reminder of the Data Protection Act… your client can make a subject access request and suggest that you will escalate this to the Information Commissioner’s Office if they fail to provide the required information.

Alternatively (and may be quicker) request that the TS send the relevant info direct to DWP and get it from them.