Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Client’s and reps not receiving appeal papers

 

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 290

Joined: 9 January 2017

In the last 12 months we’ve had 3 cases all ESA in which our client’s and us have not received copies of appeal papers although the DWP have sent copies to HMCTS.

Have other agencies had anything similar?

     
NAI
forum member

Unclaimed Benefits Campaign, Middlesbrough CAB

Send message

Total Posts: 45

Joined: 12 January 2015

I get a few and I always ask the tribunal to issue direction to the DWP to comply with tribunal rules and send them. That usually does the trick.

     
Ruth_T
forum member

Volunteer adviser, Corby Borough Welfare Rights & CAB

Send message

Total Posts: 256

Joined: 21 June 2010

Some strange things are happening.    A few weeks after both our client and ourselves had received a copy of the Secretary of State’s submission, we were surprised to receive Directions for the DWP to provide a submission, and for the appellant to supply relevant documents.  Apparently only HMCTS hadn’t received the submission.

     
Mike Hughes
forum member

Senior Welfare Rights Officer (Take-Up), Salford WRS.

Send message

Total Posts: 1816

Joined: 17 June 2010

Thought HMCTS had moved to print centres?

     
Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 290

Joined: 9 January 2017

That’s for the responses, we had another example a ‘non attendance’ at a ESA medical in which we were sent 2 versions by the DWP.

     
a_van_boost
forum member

Welfare Rights Caseworker, Island Advice Centre, London

Send message

Total Posts: 2

Joined: 31 August 2017

Has anybody had a case where the DWP have not submitted a bundle for the hearing?

Currently have a case where the DWP have not yet submitted a bundle and we now have a hearing date + direction notice which has stated that a presenting officer needs to attend with an explanation for not complying with the Tribunal. I feel like this should surely mean that the appeal would be allowed by default if they haven’t put together an argument/response?

     
ClairemHodgson
forum member

Solicitor, SC Law, Harrow

Send message

Total Posts: 889

Joined: 13 April 2016

a_van_boost - 29 May 2018 01:59 PM

Has anybody had a case where the DWP have not submitted a bundle for the hearing?

Currently have a case where the DWP have not yet submitted a bundle and we now have a hearing date + direction notice which has stated that a presenting officer needs to attend with an explanation for not complying with the Tribunal. I feel like this should surely mean that the appeal would be allowed by default if they haven’t put together an argument/response?

not necessarily - tribunal is inquisitorial (unlike court) so the tribunal will still have to at least think about whether to hear evidence etc etc .....but you have to be ahead on any legal submissions and the like!

     
Phil R
forum member

Nestor Financial Group Ltd

Send message

Total Posts: 203

Joined: 20 January 2016

a_van_boost - 29 May 2018 01:59 PM

Has anybody had a case where the DWP have not submitted a bundle for the hearing?

Currently have a case where the DWP have not yet submitted a bundle and we now have a hearing date + direction notice which has stated that a presenting officer needs to attend with an explanation for not complying with the Tribunal. I feel like this should surely mean that the appeal would be allowed by default if they haven’t put together an argument/response?

I had this a few months ago. The response did eventually turn up a couple of weeks before the hearing date.

     
DAB
forum member

DIAL Lowestoft and Waveney

Send message

Total Posts: 77

Joined: 6 July 2010

I’m advising someone at the moment who has requested a paper hearing. He has not yet been sent the bundle (2 mts post SSCS1). Having chased HMCTS said they would refer the case, presumably for directions, and they should hear in about 10 days. Next day he got his appeal tribunal decision ( ESA turn down upheld). Needless to say request for set aside arguably in order…..

     
Peter Turville
forum member

Welfare Rights Worker, Oxford Community Work Agency

Send message

Total Posts: 1268

Joined: 18 June 2010

Its all par for the course these days - HMCTS failing to record rep on system / notify DWP of rep or admin failures (ever increasing) by HMCTS and/or DWP to issue to all parties etc.

Received from PIP yesterday (case where client was referred to us after submission had been issued by PIP):

“If a representative is appointed after our response to the appeal has been written and forwarded to the courts and the appellant, then we are unable to issue the representative with a copy as we do not hold a copy of the bundle. I suggest you contact [the appellant] to see if you could copy [their] bundle.”

If PIP do not retain a copy then how do PO’s get a copy? I can’t imagine they are sent a copy of every submission in the off chance they might end up representing a particular case and doubt very much that HMCTS provide them with a copy ‘on request’.

     
Ruth Knox
forum member

RAISE Benefits Advice Team, Liverpool

Send message

Total Posts: 281

Joined: 27 January 2014

We’ve had at ;east two ESA cases where the TS instructed the DWP to provide papers within 28 days. The papers were not provided and the TS then went ahead and a decision on the evidence they had. Not surprisingly both in client’s favour.