Post by nickd on Feb 2, 2011 8:16:32 GMT 1
In an attempt to justify the removal of welfare benefits advice from the scope of the Legal Aid scheme, ministers are telling us how social security tribunals are 'user friendly' - some ministers would have you believe that benefits advice is basic and can be given by constituent MP's or the Jobcentre staff.
It's no wonder they are keeping quiet about an official House of Commons report which tells us otherwise.
The report by the Work and Pensions Committee - is called ' Decision making and appeals in the benefits system' (Second Report of Session 2009–10)
Here's just a little of what it says
13. Is sufficient support available to appellants during the appeals process?
13.1 In our experience, the support claimants need during the appeal process is that currently supplied
by independent representatives, ie:
— help to explain the decision to them in terms they can understand;
— advice as to whether there is a legal remedy to their claim;
— advice as to what additional evidence/information (if any) is needed to support their appeal;
— help to understand the appeal documents;
— help to construct a legal argument to support their appeal; and
— (most importantly) help presenting their case at an appeal tribunal hearing.
This level of support is not something currently provided by the Tribunals Service or theDWP, but by the
independent advice sector (via agencies like ourselves). Our concern is that the number of agencies able to
provide appeal tribunal representation may be diminishing. In some areas of Lancashire, even Citizens
Advice Bureaux are referring claimants to our Service for help with appeals.
13.2 As indicated above, the presence of an experienced representative at an appeal tribunal hearing can
be very important to appellants; some of our customers would not proceed with their appeal if this was not
available to them. It is, therefore, of concern to note that the changes to the administrative processes for the
listing of appeals introduced at the end of 2008 appear to be resulting in what happened about 10 years ago
when appealswere being listed aggressively without much, if any, consultation with representatives. Effective
liaison arrangements regarding the listing of appeal tribunal hearings (which benefited all parties) have now
broken down. Some appeals are even being listed without notification to the appellant or representative (see
example in paragraph 2.4).
13.3 Appeal tribunal panels also continue to resist allowing postponements on the grounds that the
claimant’s nominated representative is unavailable. The Tribunals Service do not seem to appreciate not
only what a small organisation even agencies like ourselves are (and that we do not always have the time or
resources to take over other advisers cases), but also that the claimant has the right to choose who theywould
like to represent them. Surely this should be the person who best knows their case, and their circumstances.
It is our view that Tribunals Service staff need to be reminded of the new rule 2 introduced in November 2008; ie that “the overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.” The current perception is that the Tribunals Service are more interested in getting cases through the appeals process (understandable if there is a backlog), rather than enabling the appellant to have proper
representation.
These reports are compiled by people who know what they are taking about - including the views of senior Tribunal judges - the report also includes evidence which clearly illustrates the complexity experienced by claimants - all of which is very much contrary to what Government are currently saying.
Read the report and make your own mind up:
www.publications.parliament.uk/pa/cm200910/cmselect/cmworpen/313/313.pdf
It's no wonder they are keeping quiet about an official House of Commons report which tells us otherwise.
The report by the Work and Pensions Committee - is called ' Decision making and appeals in the benefits system' (Second Report of Session 2009–10)
Here's just a little of what it says
13. Is sufficient support available to appellants during the appeals process?
13.1 In our experience, the support claimants need during the appeal process is that currently supplied
by independent representatives, ie:
— help to explain the decision to them in terms they can understand;
— advice as to whether there is a legal remedy to their claim;
— advice as to what additional evidence/information (if any) is needed to support their appeal;
— help to understand the appeal documents;
— help to construct a legal argument to support their appeal; and
— (most importantly) help presenting their case at an appeal tribunal hearing.
This level of support is not something currently provided by the Tribunals Service or theDWP, but by the
independent advice sector (via agencies like ourselves). Our concern is that the number of agencies able to
provide appeal tribunal representation may be diminishing. In some areas of Lancashire, even Citizens
Advice Bureaux are referring claimants to our Service for help with appeals.
13.2 As indicated above, the presence of an experienced representative at an appeal tribunal hearing can
be very important to appellants; some of our customers would not proceed with their appeal if this was not
available to them. It is, therefore, of concern to note that the changes to the administrative processes for the
listing of appeals introduced at the end of 2008 appear to be resulting in what happened about 10 years ago
when appealswere being listed aggressively without much, if any, consultation with representatives. Effective
liaison arrangements regarding the listing of appeal tribunal hearings (which benefited all parties) have now
broken down. Some appeals are even being listed without notification to the appellant or representative (see
example in paragraph 2.4).
13.3 Appeal tribunal panels also continue to resist allowing postponements on the grounds that the
claimant’s nominated representative is unavailable. The Tribunals Service do not seem to appreciate not
only what a small organisation even agencies like ourselves are (and that we do not always have the time or
resources to take over other advisers cases), but also that the claimant has the right to choose who theywould
like to represent them. Surely this should be the person who best knows their case, and their circumstances.
It is our view that Tribunals Service staff need to be reminded of the new rule 2 introduced in November 2008; ie that “the overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.” The current perception is that the Tribunals Service are more interested in getting cases through the appeals process (understandable if there is a backlog), rather than enabling the appellant to have proper
representation.
These reports are compiled by people who know what they are taking about - including the views of senior Tribunal judges - the report also includes evidence which clearly illustrates the complexity experienced by claimants - all of which is very much contrary to what Government are currently saying.
Read the report and make your own mind up:
www.publications.parliament.uk/pa/cm200910/cmselect/cmworpen/313/313.pdf