Mandatory reconsideration notice

Hello,

Thoughts required please…

DLA renewal refused; mand recon done - refused. Decision letter sent advising that mand recon notice will be sent separately. Never arrives.

Phone call made requesting it - copy of decision letter arrives, not the notice. Now out of time for direct lodgement.

I have submitted the SSCS1 anyway with a covering letter advising no notice received and asking for appeal process to continue.

Am I on a hiding to nothing?

My understanding is that HMCTS will send the SSCS1 form back and advise you to:
1) request a MR or
2) Advise you to send in the MRN1 form if MR has been carried out.

If decision made on MR and no MRN1 form sent out then under TP(FtT) Reg 22 (2) (d)(i) the time limit to appeal only starts from when you have been sent MRN 1 form.

http://www.justice.gov.uk/downloads/tribunals/general/consolidated-sec-rules-nov2013.pdf

Have you made official complaint?

“Notice of mandatory reconsideration” is not defined in the First-tier rules, so there are two possibilities.

The refusal to revise itself might be sufficient to meet this stipulation, if it shows the decision maker has considered an application to reconsider. If so, the appeal made is valid.

If not, then the time limit does not run until an acceptable notice is sent.

Thank you for thoughts. The client has since forwarded me the second decision letter they sent when he asked for the non-forthcoming mand recon notice. This letter is telling him to complete a GL24…
I think a conference call may be in order…
:)