I was asked for advice today by someone supporting a client who logged an appeal against an Income Support decision in September 04. The DWP have acknowledged receipt of the appeal request but have still failed to make a decision to either revise their original decision or to pass on the appeal to the appeal service. It has been 8 months now. All the DWP have been saying when the clients support worker has contacted them is that they have a backlog so have not been able to look at the appeal request yet. The client has an Educational Maintenance Allowance so has some income but the EMA is not meant to meet their daily living expenses. I advised the support worker to help the client to make a complaint to the DWP urgently however I would like to know if there is any further action that could be taken.

One method is to send directly to the Appeals Service as much information as you have got about the appeal and the decision appealed (copies of all relevant letters etc). Send with a cover letter describing the delay and ask a District Chairperson to direct the DWP to produce a written submission within X amount of time. The DC could also be asked to put the DWP on notice that the case could be listed for hearing and any points decided against the Dept if they do not produce the sub in time.

Martin.

Try the Parlimentary Ombudsman via your MP or consult a solicitors about a possible judical review.

If its any comfort, you're not the only one. One of my clients has an overpayment/capital appeal which has been outstanding for 7 months now- and was suspended pending investigation for 4 months prior to that.. And, what's more, the client made a fresh claim when the negative decision was made and no decision has been made on that either. Not that I've got any helpful suggestions which haven't already been made, but having a rant helps. Oh, it does get me down sometimes.