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Decision Makers encouraged to ask tribunal to strike out cases on basis of no reasonable prospects success
CAP bulletin makes interesting reading. I note that for WCA failures, a request to strike out appeal may be appropriate where the claimant has ‘only attracted points in one or two physical areas’. I’ve lost count of the successful appeals I’ve been involved with where the client scored nil points initally.
Stupid decision if its based on points score. Why bother with ESA regs 29 and 35 if it aint gonna get to a tribunal?
Does anybody know how this will be done? Will they write to the Tribunals Service before we receive the Enquiry Form? Will we be notified about this and will we be given the opportunity to submit something against their request?
Very worrying. Our service works with a large number of clients with substance misuse difficulties who are either living in supported housing after a period of being homeless or time in rehabilitation. This group we are finding are particularly likely to fail their WCA. The clients lives are often very chaotic and as a result they have not engaged with medical services for long periods of time so getting diagnosis of physical and underlying mental health issues takes some time. It is often difficult for us too find 15 points under the WCA and we frequently use Reg 29 at appeal. I find that the decision maker does not often consider making a decision on regulation 29 therefore their cases are likely to be struck out before reaching tribunal.
I don’t have access to the news story so my apologies if the following is duplicated.
Presumably, the DWP is relying on Rule 8(3)(c) of The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.
Oft overlooked is Rule 8(4) which makes it mandatory for an appellant to first be given an opportunity to make representation in respect of the proposed striking out. I wonder if the phrasing around the term “opportunity” would be regarded as being sufficiently wide ranging to take into account mental health issues / learning difficulties etc.