Judicial Review of refusal by UTto grant leave to appeal

Hi All

Just to let you know that we have a hearing on 26/07/12, having been granted permission for JR after the decision in Cart. The case concerns an unrepresented appellant who had passed the PCA for IB twice before, then failed in 2008. At the appeal in May 2009 she told the Tribunal that she had passed 2 PCA’s and had recently had her IIDB award renewed. and that her condition had not changed since the last PCA a year before she failed. No previous PCA’s were in the papers. The Tribunal asked her if she wanted an adjournment to obtain the previous PCA’s and she said she did not know. They went ahead and decided against her.

We sought leave to appeal on the grounds (amongst others) that it was unfair to ask an unrepresented appellant if she wanted an adjournment without explaining the significance of the previous PCA’s where she had claimed no change of circs.

This was refused by the UT and we are challenging the refusal by JR.If we win it will hopefully be a reminder to the DWP and the FtT of the need to obtain previous PCA’s and put them in the papers (the DWP ) that is, as this hardly ever happens despite alot of caselaw that suggests that it should. Also running the argument before FtT appears to be abit hit and miss with some adjourning and others refusing.

I guess this will aLso apply to ESA decisions where the LCFWA has been passed before and then failed.

Will keep you posted,