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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

UC appeal bundle not sent to registered representative

JennyRussell
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Citizens Advice Central & East Northants, Macmillan team

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Total Posts: 24

Joined: 7 January 2014

I am the registered representative for a highly vulnerable client in a UC appeal. Client has received the bundle a month ago, we have not.

Called HMCTS to request that they ask DWP to send a further copy, response is “that is not something we do but here’s the UC Helpline number”. Or I could “wait until a couple of days before the hearing”.

I am not even going to dignify that with a response.

I have the escalation list but is there a better way of dealing with this?

Martin Williams
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Welfare rights advisor - CPAG, London

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Joined: 16 June 2010

Whilst it is not the “usual thing” then the FTT certainly has a power to ask a Clerk to send you a copy of the bundle (electronically if need be). Where one party (DWP) is acting in a way which is unfair and where you have taken steps to remedy (trying to get bundle from DWP, asking client to allow you to copy bundle) which have not worked then the FTT giving such a direction would probably be consistent with the overriding objective of enabling the case to be dealt with fairly.

I suspect you have had a Clerk tell you this cannot be done. I would be inclined to email something clearly marked as “APPLICATION FOR DIRECTIONS” with in bold “Please pass to a Tribunal Judge for consideration of this directions request” in which you formally ask for such direction and explain efforts you have taken to get bundle and why those failed.

JennyRussell
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Citizens Advice Central & East Northants, Macmillan team

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Total Posts: 24

Joined: 7 January 2014

Thank you Martin!

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

Surprised you managed to get a UC appeal registered if I’m honest, considering the fact they never reply to a request for a mandatory reconsideration . Either that, or I’m told “we aren’t prepared to do a mandatory reconsideration as there is no need, because our decision is correct….”
Getting to the point that I just go straight to SSCS1, and let the courts sort MR out with UC…...