hi guys

i have a bit of a problem. I shall be representing at a JSA sanction appeal and i have just recently recieved a schedule of evidence from the DWP.
After perusal there must have been about 12 different Comissioners decisions quoted in their arguments. Their submission does not include a copy of these decisions at all. I have tried to find them on all the obvious websites but have just managed to get hold of 2. I am a bit anoyed because i feel that the DWP should atleast have the coutesy to attache copies of these decisions not only for the representative on the other side but also the chairperson.

Does anyone know what the standing is on this. Because i would never attempt to argue anything without taking in a copy of the decision so the legalyy qualified memebre can read into the decision and decided whether it does apply or not.
I have spoke to them on the phone but i didn't get a very helpful response. They suggested that i purchse them from her majesty's stationary office. I would state that they shoudl provide them as it they are part their arguments.
I was also told that the chairman does not need a copy because the chairperson would have their own book of "commissioners decisions"!!! I mean am i missing something or what. I ahve never come across this in the years i ahve done this job. I know that i have been told to provide a copy of the full decision if i am using to argue a point.

thanks
salma

Hi Salma

The basic rules are as follows. A party to an appeal need not provide copies of any reported decisions s/he relies on but should provided copies of unreported ones.

You should request from the DWP that they provide copies of any unreported decisions relied on, in advance of the hearing. If they don't then request a direction from TTS.

A tribunal, using its inquisitorial function, will be able to rely on a decision not provided to it (to support its decision) as long as the other party has had sight of it and has had adequate time to prepare argument.

I have repped at appeals were presenting officers have just qouted from unreported decisions straight from the commentary from the regs. I have usually been able to cite a reported decision back to defeat their point. If I was not prepared for it then the chair would have had to grant me an adjournment to consider the point and prepare argument.

Regards
Paul

Hi Paul

Thanks for your help...these are the decisions they have quoted:

R(U) 23/59
R(U) 20/64 (T)
R(U) 3/81
R(U) 33/51
R(U) 18/57
R(U) 14/52
R(U) 8/74 (T)
R(U) 4/87
CU 19/48 (KL)

Have you come across any of those as i would have to try and get hold of them so i can read up.
thanks

3/81, 8/74 and 4/87 are on rightsnet @

http://www.rightsnet.org.uk/cgi-bin/publisher/search.cgi?dir=swopshop&template=decisions.html&ID=1658-5106-30940

My advice is to write / complain to the DWP REQUIRING them to provide the CDs they are relying on.

At the same time (i.e. don't wait for a reply from the DWP), write directly to the Tribunal Service and ask that the DWP are DIRECTED to provide copies of case law that is being relied on. Explain the lack of assistance you have received so far.

Regards

Ask the Commissioners office to supply you with electronic copies of the others if they have them, or, the adjudication and policy unit of the DWP in Leeds may have copies which they may copy to you.