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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Caseworker’s delegated powers

Elliot Kent
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Joined: 14 July 2014

T v SSWP (ESA) [2019] UKUT 59 (AAC)
https://www.gov.uk/administrative-appeals-tribunal-decisions/t-v-secretary-of-state-for-work-pensions-esa-2019-ukut-59-aac

Case listed for hearing on 9 February 2017. On 1 February 2017, the appellant emails the Tribunal to request a postponement. On 2 February 2017, a tribunal caseworker issues a decision refusing to postpone. On 9 February 2017, the appeal proceeds in the appellant’s absence - the Tribunal seemingly having given independent consideration as to whether it is appropriate to proceed. Appeal refused.

Per Rule 4(3), a party has the right to request a delegated decision to be looked at again by a Judge on application within 14 days. By proceeding with the appeal on 9 February, the Tribunal had deprived the appellant of the full 14 day period in which he was allowed to make that request.

It was not an answer that the Tribunal itself was - in functional terms - reconsidering the postponement decision when it considered whether to adjourn. Nor was it an answer that there was nothing to indicate that the appellant wanted the decision reconsidered - even though he clearly knew when the hearing was going to be.

Judge Mitchell says:

The parties argue that, in proceeding in Mr T’s absence, the Tribunal overlooked a relevant consideration namely that Mr T still had seven days in which to request a judicial reconsideration. While this matter was overlooked, the argument presupposes that the Tribunal had power to waive Mr T’s right to request a judicial reconsideration which it did not. The Tribunal’s power to waive non-compliance with a requirement in the Rules, conferred by rule 7(2)(a), only applies where a party fails to comply with a requirement.

The implication of this seems to be that if a postponement is requested by a party and it is refused by a registrar or caseworker less than 14 days before the hearing, then the Tribunal simply can’t proceed with the appeal.