MOJ youtube video re ESA appeals

The Ministry of Justice has uploaded a video to youtube today that ‘Provides information on making an appeal to the Social Security and Child Support tribunal; explaining how the tribunal process works and what to expect at a hearing’

http://www.youtube.com/watch?v=4L8EPHDjeqU

That’s Fox Court (Gray’s Inn Road), and I recognise the receptionist!

But was the decision changed? We’ll never know…

You would have to go for exceptional circumstances & substantial risk with all those accidents he was having!

I think the video is going to be really useful for some clients.

I have already given the link to my clients who wish to appeal ESA. Many of them think its an extremely formal proceeding with judges/lawyers with wigs and the whole shebang. Anything to encourage and demystify the process is fine with me. I have had many clients lose appeals as they were too scared to turn up and our local councils Welfare rights service were unable to rep.

Yeah, I thought that Imogen was a bit too friendly!

Gareth is feeling low.

I’m just emailing the link to someone with severe MH issues who is going to tribunal in a fortnight. Unfortunately, the hearing is at Torquay County Court where the panel sit on the district judge’s raised platform - not exactly the same informal setting as illustrated in the video!

I’ve just given the link to another client with MH issues. I think the point is that it will encourage reluctant claimants to attend. which will enhance their chances. If, however they have a serious episode or breakdown when they get there then perhaps it will work in their favour regarding the decision. A pretty unpleasant and drastic way to win an appeal, but as the french say “such is life”!

Since I looked at this vidoe it now requires you to log in if authorised as it is a “private” link.

Ros, have you any idea what this is about?

hi ariadne -

yes, you’re right - no longer available - maybe MoJ has taken it down. 

here’s a link to all of their videos - tribunal one isn’t there -

http://www.youtube.com/user/MinistryofJusticeUK?ob=0

cheers ros

Whats the matter? Have they taken the video down because its deemed to be TOO helpful to people and may increase their chances of success?
Disgraceful

Paul is feeling low…...

Just to resurrect this topic.

Does anyone out there know why this useful video had its public acess restricted?

Anyone who does not wish to go public can email direct .(JavaScript must be enabled to view this email address)

The Youtube video http://www.youtube.com/watch?v=4L8EPHDjeqU has now been made public again.  It’s difficult to see whether it has been edited, but am I right in thinking that previous references to DWP not attending and to medical examinations by DWP have been removed?

I think it is a very useful video for appellants.

The decision to again make the video public appears to coincide with the reply on 8th June to a FOI request I made. 

The response includes the following email from DWP Minister Chris Grayling MP to the Ministry of Justice.  In my view, the content is a direct attempt to change the video to reflect political objectives.  Was it also an attempt to discourage people from seeing through their appeals?  (Freudian interpretation: “There’s no point appealing.  We’ve already looked at your case again under our new procedures”).  You can decide for yourself.

“From: Minister for Employment [mailto:MINISTER.EMPLOYMENT@DWP.GSI.GOV.UK]
Sent: 19 March 2012 14:32
To:
Cc: Minister for Employment
Subject: Youtube video about appeals

Afternoon, our attention has been drawn to a video on your official youtube channel that talks about making an appeal on Employment and Support Allowance: http://www.youtube.com/watch?v=4L8EPHDjeqU 

Specific concerns are:

•  The line that the claimant may not have had a chance to talk to someone since the decision was made - our new processes ensure that Jobcentre Plus will have spoken to the claimant to ensure they understand what the decision is, why it’s been made and what they can do next;

•  It says the claimant will have received a medical examination - the Work Capability Assessment is not a medical   examination, if the word medical must be used we’d be OK with medical assessment, but would prefer something like “an assessment of your capability for work”;

•  It mentions bringing additional evidence to the tribunal - again, our new processes are trying to ensure that new medical evidence doesn’t just go to the tribunal but instead gets to JCP first so we can undertake a reconsideration;

•  It notes that JCP doesn’t normally send anyone to a tribunal - while this is true both because of cost and because the evidence suggests it makes no difference to the tribunal decision, it does feel quite a negative comment. The appearance of a presenting officer or not doesn’t reflect how important we feel the tribunal is or the claimant’s case is; and

•  A couple of times it’s noted that a claimant is twice as likely to win their appeal if they turn up in person - again this is broadly true, but doesn’t help to reduce the opinion that it isn’t the facts of the case that are important, but the turning up in front of a tribunal and pleading their case.

Can we discuss what we might be able to do? “

That’s a very interesting email….

Letter 22.5.12 from Chris Grayling to the MP for Witney

“Let me start by assuring you that the success rate against fit for work decisions is nowhere near the figures you have been told [the TS quaterly stats!]. It is still too high, and I recently commissioned a special report from Professor Malcom Harrington into why the rate is at the level it is - but the majority of the Department’s “fit for work” decisions are upheld by the Tribunals.

We have done extensive work to try to ensure that we reach the best possible decisions. One of the key weaknesses that Malcom Harrington identified in his first report was that a considerable amount of new medical evidence was only emerging at the appeal stage - so effectively our decision makers were operating without a full picture of the situation affecting each claimant. This has now changed, and we now see very little new information emerging at the appeal stage. We also now proactively offer a second opinion reconsideration stage within Jobcentre Plus to ensure that we take the best possible decision about an individual’s circumstances.

In addition, we have changed the nature of the process so that there is much more human contact at each stage, and so that we can actively encourage claimants to bring forward information from their own medical practitioners about their situation - we no longer rely to such a great degree on the Atos assessment.

However, we are dealing with some ingained views amongst tribunal judges and amongst representative organisations about what we are trying to do. I have personally spent time talking to people involved in the process on all sides.

There is no doubt that this is a very difficult process for people who have come to believe that they cannot return to work and have become accustomed to believe that they cannot return to work and have become accustomed to believing that they will not work again. It is entirely understandable that both representative groups and those presiding over tribunals form an immediate impression that they cannot return to work, but I have seen the difference that can be made to those individuals if we can get them into the Work Programme and begin to prepare them for a return to work.

We are now actively working with both Professor Harrington and the tribunal service to address this issue. In particular we will now be asking the tribunal judges to provide a written judgement to us so that we can understand more clearly why they are reaching the decisions that thy are.

It is our aim to ensure that we get the whole process right for claimants. We will obviously provide ongoing unconditional support to those who genuinely cannot return to work, but I do not want to do everything we can to challenge people who have the potential to do so to start back down the road to the workplace.”