Experiences of getting appeals expedited (especially AT cases)

Hello,

We are wondering how advisers are getting on with attempting to get the First-tier Tribunal to expedite hearings in universal credit appeals where the claimant is destitute and the appeal could solve that?

Particularly thinking obviously of cases where what is in issue is the application (or otherwise) of SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 1307 (opens CPAG webpage about these cases where we host the various templates) where people have used the resources CPAG provide.

It would be really useful to hear back from advisers how this is going with details such as (a) date made appeal (b) date asked for expedition- and resources uses/evidence of destitution provided (c) dates and details of any attempts made at chasing that request (d) dates fixed for hearing etc.

We can use any feedback to help to improve the resources but also interested to find out whether HMCTS’ admininstrative practices for dealing with such requests are sufficient to enable them to give expedition that allows judgment within a reasonable time in these cases.

Feel free to post here (or if you’d rather not here then get in touch (probably most appropriate way if case you don’t want advice on case but just sharing info is via EWS).

Thoughts also welcome more generally on expedition and HMCTS. Would be great just to find out people’s experiences and opinions on this.

Martin.

I have just arrived back from leave to find an email from an organisation that regularly refers to us with 4 (yes 4) “decisions” from mid-April to late May where DWP are ‘pausing’ decisions because AT is apparently being appealed….....

I’m having a nightmare even getting a bundle. I put in an AT appeal several months back and so far the tribunal service have granted extension after extension to the DWP because the SoS ‘needs more time to consider the case law’.

I challenged the most recent extension - and asked for it to be put before a judge under rule 4(3) - but it’s been with the judge for a full month so far and they’ve not done anything with it despite me chasing. I mentioned getting it expedited in the request too but doubt they’ll grant it.

I don’t really know what ‘case law’ the SoS is looked at - I’ve only raised AT and I don’t consider it a case that takes several months to read.

I feel compelled to offer my excuses here.

Of the handful I’ve got, thanks to the arduous work of my colleagues at GMIAU most are in pretty good places as they wait.

I had two that might have been expedited, one we couldn’t get instructions from for the best part of a year cuz they were so chaotic;  the expedite request was ready to go but for their apparent reluctance to hear the message that we needed an instruction to proceed. It was the emergence of the listing notice that persuaded them to reengage.

The other, I agreed to make the expedite request on my return from holiday as they were about to become destitute, and when I got back it had already been listed.

I know a colleague has done a couple of expedite requests though and I’ll report in once I’ve spoken to them.