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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

How to compell decision makers to make a decision?

 

Jo_Smith
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Citizens Advice Hillingdon

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Joined: 3 October 2018

My client failed the IBR LEAP exercise; she was just over the income limit on the precise day of migration. Because her circs changed soon after, we submitted a supersession request in the beginning of October. 

The IBR LEAP team told me it needs to be dealt with by mainstream ESA,  not the IBR LEAP team. The mainstream ESA decision maker argues it should stay with the IBR LEAP team.

And since 9th of October apparently this ping pong between those two teams has resulted In my client not receiving the backdate, for which she has originally applied in March of this year.

I know we are no longer shocked at these (unconscionable in my mind) delays but how can I compel the SSWP to make a blooming decision?

Callbacks are not returned, compkaint submitted, escalation failed, MP wrote to DWP,  apparently to no avail, Guardian journalist contacted DWP press office, but nothing, nada, zilch, brick wall.


Secondary issue is of course once again a demonstration that DWP practises create a significant barrier for people with mental health conditions to receive suport thry are entitled to. Sane, robust people would have a breakdown, let alone a vulnerable claimant.

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

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Letter before action to both.

     
Jo_Smith
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Citizens Advice Hillingdon

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Joined: 3 October 2018

Cool, didn’t think about that.
Both? You mean IBR LEAP and mainstream ESA?

     
past caring
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Welfare Rights Adviser Southwark Law Centre Peckham

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If the letter before action is not a hollow threat (i.e. you can find a solicitor who will actually do the JR should the need arise) then I’d write to the main DWP solicitor’s office at Caxton House - and CC to the two offices/teams who are giving you the run around.

If you have a solicitor lined up they can advise you on wording, if not, I think it’s important that the wording does not specifically threaten JR but simply gives them 28 days to respond, otherwise you are into the pre-action protocol and have time-limits to comply with that you may not be able to meet.

     
Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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Contact Public Law Project ?

     
Jo_Smith
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Citizens Advice Hillingdon

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Total Posts: 13

Joined: 3 October 2018

Thanks everyone, excellent as always . And yes, empty threats of JR are very damaging, I completely agree.
I have a feeling someone from DWP may have read this forum…..does it ever happen? (LOL, I know it does)
I got a call few minutes ago which was very helpful.