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Do the DWP need to attend a tribunal to appeal the judges decision

georgehenry53
georgehenry53 Member Posts: 5 Listener
Do the DWP need to attend a tribunal to appeal the judges decision

Comments

  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    No, not at all. They need a statement of reasons; record of proceedings and to be able to find an error of law that would allow a further appeal to proceed.
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    No, they don't.
  • Misscleo
    Misscleo Member Posts: 647 Pioneering
    What do they need then tell us the rest
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    You'd have to ask the DWP why they ask for statements of reasons in some cases and not others, and very occasionally appeal to an upper tier tribunal.

    The answer to the OP's question is that DWP do not need to have attended the hearing in order to ask for an SOR and maybe appeal.  Many members have reported that DWP have asked for an SOR where they have not attended the hearing.
  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    The decision is made by DWP in house legal. The case may be a potential test case. It may involve an opening of flooodgates if allowed. It may be because POs have allegedly been instructed to challenge most enhanced rate awards. It may be looked at solely cos a PO is enraged by an outcome. Pretty much the same reason anyone on our side would look to challenge. 

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