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Delay in UC MR
We have been waiting for a mandatory reconsideration for a UC decision for 5 months now. We have chased the decision several times, but just get the same response…‘there is no time limit for the DWP to undertake the MR and we cannot give any indication how long it will take’.
We have tried a formal complaint (which covered both the time taken to get the MRN and also other issues), but got the same reply.
At what point would it be worth lodging an appeal directly with HMCTS, explaining the lack of MRN and asking them to use their discretion to accept the appeal?
Thanks
Escalate the complaint to stage 2, or write to the MP.
I don’t know if 5 months is sufficient to go straight to tribunal. A possible exception would be if your client is in financial hardship because of the delay - such as where their income replacement benefit has been refused (and they can’t make a new claim).
In terms of getting the MR done, like Ben already suggested, MP is often an effective route. You could also try the local partnership manager (at least some of them can be quite helpful).
At what point would it be worth lodging an appeal directly with HMCTS, explaining the lack of MRN and asking them to use their discretion to accept the appeal?
No such discretion exists. If there has not been a decision on the MR, the tribunal has no power to intervene.
The reason why lodging an appeal form in these cases can nonetheless be an effective tactic sometimes is because when the tribunal receives something which appears to be an appeal but without an MR, this will result in enquiries being made of the DWP which may have the effect of giving them the hurry up.
CPAG have template letters before action for these kind of delays.
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters
If you’ve exhausted the local escalation process through partnership manager etc then I could raise it via the stakeholder forum - but it would be helpful to have details of all the action you have taken