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UC LCWRA APPEAL - DWP NOT PRODUCING BUNDLE
Hi All
We have a case that has been going on since an MR was requested in January 2022. SSCS1 was submitted Sept 2022 and ever since then there have been delays - first with HMCTS saying MRNs were missing, there were two (they weren’t) and then the DWP not responding or producing a bundle despite Judges Directions for them to do so. There were dated 29/12/22 and 3/7/23, the latter said that if they did not respond within 28 days “the appeal would be listed without response and a presenting officer directed to attend”. The client has now had a letter from HMCTS with further evidence from the DWP dated 24/7/23, the first pages being copies of the MRN notice, the last page called a Further Submission, which is very short, summarises the dates, says that it is within the 13 months and is allowed and finally says “The case is referred to a Tribunal judge to consider the response and update the appeal status”. Can anyone clarify what this means? Does it imply they will not be producing a bundle? Will the judge make the decision without a hearing?
We submitted a detailed SSCS1 but were waiting for a bundle to be produced so that we could draft a submission. Not sure whether I should be trying to put together a submission for the client from the little information that we have or to just let it take its course.
Any guidance appreciated, thank you
Its very difficult to advise in the abstract. It would be a mistake to assume that the DWP are engaging with the proceedings coherently.
The response appears to be directed at the question of whether the time limit ought to be extended for the purposes of admitting the appeal. I do not know if this is something which is actually in issue in your case. “Further submission” implies that it is further to something.
There are a few approaches to these cases. Often judges round here would direct the rep to put together as much material about the case as possible as a makeshift bundle and list a hearing. Another possibility is to ask the tribunal to bar the DWP from proceedings and ultimately determine the case against them summarily, although the tribunal may be reluctant to follow through on that.
You should not be afraid to write to the tribunal in terms that the DWP’s latest missive does not make any sense and that the DWP need to be directed to explain specifically what their position is. I just wouldn’t get your hopes up that you will get any kind of intelligible reply from them.
I wholly agree with Elliot but the only thing I would add is that my response to the Tribunal would also be asking for them to list it without any further delay as the matter has been going on since at least September 2022 when the SSCS1 was submitted and the DWP have still been unable to engage constructively with the process. Further delay would seem to be grossly unfair on the appellant who has been waiting for a year and is no further forward (and considering the MR was in January 2022 presumably the decision under appeal was the back end of 2021!) due to the incoherent replies from the DWP.
Personally I’d be extremely tempted to ask the Tribunal to bar the DWP and the matter decided summarily in the appellants favour but as Elliot says Tribunals are usually averse to going quite that far.
Whilst it’s an option, I see no reason to request DWP are barred. They won’t turn up on a case where they have miserably failed to produce appeal papers.
As per @CHAC Adviser I’d just provide all you have plus a written sub. to walk them through the decision which needs to be made and, once all that’s in, ask for a direction to list.
Whilst it’s an option, I see no reason to request DWP are barred. They won’t turn up on a case where they have miserably failed to produce appeal papers. .
The point of having them barred isn’t to stop them turning up, its to allow you to request summary determination in your favour under rule 8(8).
I’m aware of that Elliot but few tribunals elect for that option given their discomfort with such things and my experience has very much been that producing your own appeal papers inevitably produces a favourable outcome anyway.
Thank you everyone, your views are much appreciated