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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

HMCTS ‘reject’ grounds for appeal & don’t record rep.

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Are others experiencing similar problems with HMCTS Bradford?

Appeal made on SSCS1 following MR decision. Bradford reject the SSCS1 because “No grounds for appeal have been provided”. There are clear grounds on the SSCS1 and claimants has authorised us as reps.

Tel to Bradford - initially refuse to speak to me because we are not recorded on the system as reps. Then cannot provide any explanation of why the grounds for appeal are not accepted, who made the decision (a duty judge?) or under which FtT procedural rule because nothing about this is recorded on the system.

All they can do is request a 3hr call back from the processing section.

Dealing with HMCTS becomes more like dealing with DWP/HMRC every day!

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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I’ve had probs with them too. Duplicating a previous post, but in summary they rejected the SSCS1 on the basis that the MR decision hadn’t been included. it had been included, and was one of the docs they returned to the client with the rejected SSCS1. When I rang I had the same problem (not listed as rep) even though we were named on the SSCS1.

Sent it all back to Bradford with stroppy letter and appeal had been properly logged when I rang to chase up on it today. However, not a good sign is it?

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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We have now recieved several ‘call backs’ from HMCTS - apparently call backs must be dealt with by the relevant Admin. Support Centre - not by Bradford direct lodgement centre.

However the ASC cannot answer the enquiry because the file is held at Bradford. Bradford cannot make call backs. So the file has to be requested by the ASC. When it is received then they can look at it and make a call back and (maybe?) answer the enquiry.

In the meantime the appeallant has been given 21 days to respond to Bradford (who by then won’t have the file and it will have to be re-callled from the ASC).

Franz Kafka must be spinning in his grave - ‘why didn’t I think of that one’?

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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I have had Bradford reject an appeal for being out of time when the month time-limit from the date of the MR notice fell on a Saturday and they received the SSC1 on the folowing Monday - no doubt as to when received as they’d actually date-stamped the papers).

To make matters worse, the papers were returned to the client and we were not copied in - client instructed to provide reasons for lateness before appeal could proceed

Then, in reply to my response - which was to the effect that no reasons for lateness were or would be given as the appeal was in time, citing chapter and verse re relevant regs, a request that any further dispute as to the correctness of this needed to be put before a judge rather then resolved by a clerk and that as the appellant’s apointed rep we expected to be copied in to any correspondence - I get a letter, again from a clerk, insisiting that the appeal is out of time but that now we have given reasons it can proceed, although the DWP may choose to object!

I rarely complain (I haven’t the time) but did so on this occasion due to concern at the potential problems this nonsense might impact on an unrepresented appellant. No response so far other than a call from Epsom - apparently there are no judges at Bradford, they don’t know what they are doing, of course the appeal was in-time and they’ll make sure it goes to a judge for a formal ruling!!

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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it appears cleriacl staff at Bradford have been delegated ‘functions of a judicial nature’ under FtT Rule 4.

There are forms on which they record their ‘decision’ on issues like late appeal, not signed by claimants etc.

“I have carried out a compliance check on the Notification of Appeal, Mandatory Reconsideration Notice and other supporting documents. I have identified the following requirements as being non compliant:”

So it appears clerks are making decisions about admitting / rejecting late appeals, grounds for appeal etc.

YP Adviser
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Advice, Archway, Renew Leeds

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I too, was not recorded as the rep.  The appeal was late by 2 days and returned, something the previous tribunal admin in Leeds would have excused as being caught in the post.