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Lost MR notice and HMCTS refusing to accept appeal
I have a client who lost her MR notice. Despite multiple requests to DWP to send a copy notice she still has not received it. We completed SSCS1 with a full explanation of why no MR notice was attached as it was getting close to the 1 month deadline (now expired). Today she has received a letter from HMCTS saying it can’t accept her appeal as no MR notice.
I will get back on to DWP for a replacement MR but this is just crazy. Any other suggestions?
Write to the Tribunal explaining the position and asking for directions for the DWP to be contacted to ascertain whether the MR process has been followed. Sometimes the clerks will do this unprompted.
Thanks Elliot. However, I already did that and attached the letter to the SSCS1. They have ignored it and sent the papers back to the client.
I would speak to the DWP office directly via a Partnership Manager to escalate the issue and make a formal complaint.
Regarding HMCTS it sounds like a clerk has just moved that particular piece of work off their desk without reading it properly so I would return it back with a further request for review by the Duty Judge. It’s not the end of the world if it ends up being a ‘late’ appeal if you are over the 30 days as you can easily prove the background necessitating the on-going delay.
The paperwork chain with both DWP and HMCTS appears to be never ending….the stress caused to the client though is unacceptable. Could DWP perhaps have an incorrect address if several requests have gone in for a duplicate copy of the MR?
Regarding HMCTS it sounds like a clerk has just moved that particular piece of work off their desk without reading it properly so I would return it back with a further request for review by the Duty Judge.
Quite. You have lodged an appeal. If it is outside the Tribunal’s jurisdiction then it can be struck out - but only by a Judge and not by a clerk.