Appeal Submissions - Decision-Making Authorities.

Recently, I have come across a number of cases where the DWP and some local authorities have delayed or have not bothered at all to send appeal submissions to the Tribunals Service, following an adverse decision about a benefit entitlement decision. This was also highlighted on the Rightsnet discussion forum. Unfortunately however, I can no longer access the discussion thread on their website.

It appears that in some cases the DWP/local authority will only react if they are prompted by the claimant or the claimant's representative, asking what is happening with the appeal? The rules for providing a submission are detailed at paragraph 24 (1)(c) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, whereby it states a submission should be prepared and sent “as soon as reasonably practicable after the decision maker received the notice of the appeal.”

If the decision-making authority don't issue a submission, they are clearly in breach of Rule 24. However, as soon as reasonably practicable is not defined, so although an appellant has one month to appeal, the decision-making authority have what amounts to an infinite time to prepare a response. Nevertheless, it could conceivably be argued that a period exceeding three months is not considered to be “reasonably practicable.”

If a member/appellant appears to be waiting an indefinite time to receive an appeal submission, the general consensus of opinion would suggest that contact is made directly with the Tribunals Service to request a direction from a judge (usually a district tribunal judge) to compel the decision-making authority to conform with Rule 24. A copy of the appeal form/letter should also be sent with the direction request.

With the danger of sounding cynical, I wonder if this is yet another weapon in the armoury of the DWP/local authorities in an alleged sordid attempt to discourage appeals? In this respect, I have also identified two cases where the statutory right of appeal was simply omitted from decision letters altogether! These are unlawful tactics which need to be eradicated immediately.