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PIP - DMs are Judicial Authorites

Hi,
In the DWP document "Advice for Decision Making – Chapter
A1: Principles of decision making and Evidence”, section
A1494, it refers to Decision
Makers as “Judicial Authorities”.
What exactly does that mean? As I understand when DMs decide an award they are technically making Judicial decisions and have all the legal responsibilities that are appropriate.
Part of this is that they are bound by UT Reported Decisions. It is not optional is it? Though if there is more than one Reported Decision they are likely to choose the one that suits them best. And if it is a Three Judge decision they must accept that even if there is a dissenting opinion.
Do I understand correctly?
Kind Regards
Replies
The Decision Maker (Case Manager) takes on the role as standing in the shoes of the Secretary of State. As such yes, he has to consider case law when making that decision.
The reality of it is that he/she should follow the DWP guidance which is nothing more than the DWP's interpretation of what the law says.
In my last posting when working for the government I was an examiner/investigator, but the legal responsibility put upon me was that I was also an Officer of the High Court with all of the powers that came with it.
Thank you for sharing this with us. Some of our members may be able to answer your questions soon.
But what you have to remember is that the guidance is NOT the law, it is merely the DWP's interpretation of it.
If you want to quote case law and the regulations then it is up to you to do the research - the DWP will not be in too much of a hurry to do that for you.