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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

PIP SSCS1 - are these still being considered before going to appeal?

HelenL
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Advice Session Supervisor - Citizens Advice Stroud and Cotswold

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Total Posts: 5

Joined: 4 December 2019

Hi, we were told during lock down that SSCS1 documentation was being sent straight to tribunal judge’s houses for consideration/decision to try to limit the numbers going forwards to tribunal itself.  Consequently we had been preparing quite detailed SSCS1s - though only had one decision changed at SSCS1 level.  Does anyone know if this is still happening?  Is everyone else submitting detailed MRs and SSCS1s still or are all the rejected MR’s going straight to appeal anyway without SSCS1/further evidence being considered?  We need to decide whether it is worth the time commitment to do detailed work at this level.

Any feedback welcomed!

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

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Joined: 17 June 2010

Not quite how I’d have phrased it 😊

New appeals were subject to a triage process which involved referral to a salaried judge to determine whether an appeal could be determined successfully on the papers with the agreement of all parties and, if not, then it would be listed for telephone hearing. For the most part those judges were in HMCTS buildings but doubtless some were WFH from the off. In our case we know that they were largely doing this at the Manchester Civil Justice Centre. For the most part I’d assert it worked fairly successfully but the easement has long since been removed. 

It certainly wasn’t just based on a detailed SSCS1. The triage took place once appeal papers had been produced. All laid out at https://www.judiciary.uk/wp-content/uploads/2020/03/General-Pilot-Practice-Direction-Final-For-Publication-CORRECTED-23032020-1.pdf. Cases which have been appealed are routinely reviewed anyway and thus the ongoing shenanigans over “offers” in cases which do or don’t involve reps.

What you do for an MR or SSCS1 is very much a personal judgement. I have cases where my MR is detailed cos I know we’re going to appeal and I may as well lay it all out and save some time further down the line when my SSCS1 can read “Read the MR”. I have others where I attend to the detail at MR stage because I know I’ve a silver bullet which will change it at MR (albeit that outcomes remain random). I have others where my MR is skeletal at best. Again, cos I know we’re off to appeal but also cos the argument is so simple it’s a 5 minute win.

I tend towards a skeletal SSCS1 unless I didn’t do the MR. I tend towards doing a sub only once I’ve read the appeal papers. Your mileage may vary.