Just when you think it can’t get worse

I’m left perplexed by this mornings hearing and the way this whole case has gone.

Two years ago, I took up a case of non payment of mobility (PIP). Client absolutely meets the criteria for enhanced care & mob and has done forever, but moved from a location in Salford (where the care package was funded by social care), to Wigan Borough, where on review of the care package, it was decide that the criteria was met for CHC. Following the CHC funding. The DWP reviewed the award and removed the payment of the mobility component on the basis that he was in a hospital or similar institution - which in fact, he clearly was not.

The Salford MP made representations to the DWP by way of a complaint, but they sent back a nice letter and decision making flow chart to explain why the decision was correct.

So from there, I request a MR - no reply; two months later, having not received a response, I send in the same request with covering letter - no reply; later still, I do the same again as a complaint and I copy in the complaints section - I receive a response from the complaints section acknowledging receipt of the letters I had sent previously, along with an apology for not responding, and stating that the case had been ‘closed in error’, but now it had been passed to a case manager for review.

Months later, and still no communication, I launch an appeal citing the response the DWP sent to the MP as evidence that the DWP had carried out MR and upheld the original decision. The Tribunal accept this and issue directions to the DWP to respond within 28 days (7th Feb 2020).  As you will probably guess - I received absolutely nothing. In March, I made a request for directions in that the Tribunal should order a response within a further 28 days, or make a decision on my evidence, and then COVID kicked in. I received copies of the request I had submitted along with attached evidence, but HMCTS had jumbled it all up along with the ‘we are experiencing delays’.

This morning at 9.30, the client’s mother rang me to say she was very nervous about today - to which I replied ‘why, what’s happening today’ . She then informs me that the hearing for the appeal is at 10.45, which did come as a bit of a shock. Apparently, HMCTS had inadvertently misplaced me, so I didn’t get the notice. After some frantic phone calls. the clerk rings me at 10.30 and supplies me with the DWP’s submission which was one piece of A4 containing 229 words, claiming they had never received the MR request, and ending in the word ‘thanks’.

The hearing is a full panel, when in reality, we only need the judge as the one question is whether the relevant law has been correctly applied to the circumstances. And here is the bit that totally rounded me off - the judge asked me to make representations as to the Tribunals jurisdiction to hear the case at all.

I asked for an adjournment as that just about killed my pig