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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Urgent Appeals

Lynsey
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Legal team - CPAG

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Total Posts: 6

Joined: 29 October 2019

Does anyone have any examples of cases where a request has been made to expedite a First-tier Tribunal appeal?
I’m particularly interested in universal credit cases where the totality of a claimant’s income has stopped, but any examples would be useful.
If you have an example of a case like this, could you please let me know:
1. The nature of the decision under appeal.
2. Whether you received a response to the request to expedite and, if so, what the response was.
3. How quickly the case was heard.

Thanks,
Lynsey.

Dan Manville
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Greater Manchester Law Centre

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UC Right to Reside. The appellant had severe mental & physical health issues and a baby <1year old. The case was also a no brainer that took the eventual Tribunal about 20 minutes to decide in our favour. It was listed for an entire session.

Yes I did; it took about 3 weeks iirc, they agreed to expedite.

It took about 3 months to get to hearing once they agreed to expedite; it’s notoriously difficult to squeeze an 01 hearing into a slot so it had to wait for the next session to be listed.

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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Again UC right to reside, client about to be evicted due to very high level of rent arrears, appeal heard (and won) exactly 2 months after the request to expedite the hearing

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Similar to Dan - issues where the appellant has little of no income such as HRT, HB (accruing rent arrears), alleged living together.

However, actually getting to the point where a judge will direct an expedited hearing can be a long process because (a) getting the appeal registered (b) getting the application for expedition treated as such by a tribunal clerk and placed before a judge (c) waiting in the queue for interlocutory action etc. Then when all that is achieved getting an early date for a hearing itself. Unless there is a gap on a current listing due, for example, to a withdrawn or revised appeal or willing to travel to a different venue where there is a gap, the case cannot be listed until HMCTS prepare the next listings and case goes ‘to the front of the queue’.

I suspect it may also depend on the specific Admin. Service Centre involved and how far in advance the local venue is already listed.

So in practice an expedited hearing usually means only bit quicker (in only a few months time).

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Manchester TUG aware this was a live issue and laid out some broad ground rules. I’ll dig them out if I’ve a moment.

Lynsey
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Legal team - CPAG

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Joined: 29 October 2019

Thanks all for your replies.
I would like to use these examples in discussions with the FtT about a potential fast-track procedure for this type of case.
Could you please send me a chronology of the cases (date of decision/ MR/ appeal/ expedition request/ hearing)? Please send to .(JavaScript must be enabled to view this email address).
Having solid examples will really strengthen the argument for having a clear procedure in this type of case, which could avoid the long delays with zero income for claimants that have had their UC stopped.

Thanks.