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Mandatory Reconsideration delays
I have a client whose PIP award was terminated on 8/1/20 following an assessment. She requested MR on 20/1/20 and still has not had a decision. I have two queries. First, the Work and Pensions Select Committee looked at MR delays in June: https://publications.parliament.uk/pa/cm5801/cmselect/cmworpen/178/17809.htm#_idTextAnchor082.
Does anyone know if DWP have responded or if there are any published figures on MR delays?
Secondly, if colleagues are seeing similar delays, are there any ideas as to how to get cases accelerated? Letter to the client’s MP? Threatening JR? Any successful tactics I can borrow?
It seems to me that if this is a systemic problem and DWP can’t get on top of it they should revoke the requirement to seek an MR before appealing. If the situation continues with long delays the courts will sooner or later strike down the regulation as an unjustifiable impediment to the common law right of access to courts and tribunals.
One tactic I have recently used is to apply for appeal in FTT and mentioned that DWP will not give a reply to my MR that made the tribunal give directions to DWP with a deadline to reply directly to them with an MR decision. And it worked, so the case can progress. But I must say, MRs are taking long to come through.
Firstly, more than 6 months to produce a decision is very likely a breach of ECHR Article 6 (right to a decision within a reasonable time).
Secondly, it’s a breach of the DWPs own Customer Charter, both in failure to reach a decision in a timely fashion, and failure to communicate effectively with the claimant.
Escalate on both counts.