× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Late appeal

Rebecca Lough
forum member

Welfare rights - Greenwich Council

Send message

Total Posts: 233

Joined: 23 November 2018

Hi All

I have a client who I helped to complete an SSCS1 in January 2022 in relation to an MRN dated August 2021. I was not down as rep and so only realised it hadn’t been received when I confirmed with HMCTS in November 2022. I have the original SSCS1, handwritten and dated, with a note on the case management system to confirmed it was sent.

Do I have any way of getting this to be considered late? I have emailed the tribunal but had a tepid response so far. The decision in question is a late MR of EU right to reside refusal so potentially quite a lot of money.

Grateful for any thoughts.

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3154

Joined: 14 July 2014

It’s a question of whether the appeal was validly lodged and then has gotten lost in the system or whether it never made it to FtT.

Did the client receive an acknowledgment letter or was there any call to HMCTS to confirm receipt?

In principle the solution is to have the file looked at by a judge or registrar to rule on whether it was validly lodged at the time.

Stainsby
forum member

Welfare rights adviser - Plumstead Community Law Centre

Send message

Total Posts: 622

Joined: 17 June 2010

This might help

Mike Hughes
forum member

Senior welfare rights officer - Salford City Council Welfare Rights Service

Send message

Total Posts: 3138

Joined: 17 June 2010

In these circumstances I routinely submit a further appeal and explain why it is not late. Provide a copy of the original appeal and the case note and a copy of the email to our print room to show that all was as it ought to have been at our end if needed. Done one last year and it happened the appeal was accepted without any further issues and wholly accepted as having been made in time.

Nowadays you have to be trying pretty hard to not get so called late appeals admitted.