Appealing Tribunal Decisions

Hi, was wondering if anyone knows how many times the DWP appeal against a tribunal decision. (in relation to ESA)

If they do, do you have to go back to tribunal, or is it all paperwork?

Best wishes,
Rachel

The DWP in the same way as benefit appellants, can appeal ESA decisions as many times as is necessary if they think that an appeal tribunal has made an error of law.

If the appeal is upheld (allowed) by an Upper Tribunal judge he/she will set the tribunal's decision aside, and either re-make the decision the tribunal should have reached, or as is more common, give directions and refer the case back to a freshly reconstituted first-tier tribunal to reconsider the appeal in its entirety.

Thanks CD. Do you know if this happens very often?

Best wishes,
Rachel

Hi Rachel,

The DWP can only appeal against a Tribunal's decision, if the Tribunal make what's called an 'error of law'. You have the same rights as the DWP if you think a Tribunal has erred in law, and it applies to all benefits, not just ESA.

WHAT IS AN ERROR OF LAW ?

The basic rules are outlined in Commissioners decisions R(A) 1/72 and R(I) 14/75 in turn based on the principles stated in Global Plant Ltd v Sec of State for Social Services (1972) IQB

A decision of a Disability Appeal Tribunal, Social Security Appeal Tribunal, or a Medical Appeal Tribunal may be erroneous in law if :

1) there has been any breach of the rules of natural justice ( loosely meaning 'fair play at work')
or
2) there has been a failure to comply with the requirements to record in writing adequate reasons for the decision and relevant findings.
or
3) it contains a false proposition of the law ex facie ( on the face of it)
or
4) it is supported by no evidence
or
5) the facts found were such that no person acting judicially and properly instructed as to the relevant law could have come to the determination in question.
or
6) Technical error. This sixth ground is NOT covered by the R(A)1/72 etc grounds.

Generally, it could be summaried as a technical or proceedural error, a breach of the statute or of the regulations.

Hope this helps to answer your query.

Best wishes.

Jim

Thanks Jim, that is a very full and intersting answer!

Best wishes,
Rachel