Employment and Support Allowance (ESA)
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What is the remedy?

Can someone advise of appropriate remedy and consequences in a situation where DWP mislead Tribunal, then admitted to lying after the matter was remitted by the Upper Tribunal?


  • Ross_ScopeRoss_Scope Posts: 4,213

    Scope community team

    Hi @Peter99

    Sorry to read this happened to you, if your issue is with the DWP specifically, you could look into making a complaint. You can find out further information about how to do that here.
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  • mikehughescqmikehughescq Member Posts: 6,644 Disability Gamechanger
    More specifics please. How did the DWP mislead a tribunal and in what way way did they lie? You can’t legally prove a lie so that’s quite an admission if true. If the matter was successful at UT; remitted back to FTT and then win then, frankly, that is usually the remedy in action so what is it exactly you think you’ve missed out on or should be compensated for?
  • Peter99Peter99 Member Posts: 63 Connected
    In 2018, DWP told the DTJ that they had made full disclosure to 2011-FtT.  The matter was sent back by UT and then DWP admitted to the new FtT that the statement of 2018 to DTJ is incorrect. 
    The first Tribunal decision of 2011 later resulted in a criminal conviction, due to the fact that non-disclosure by DWP denied the claimant the evidence that could have assisted him at both Tribunal and criminal proceedings. How could injustice be corrected and how do we put an end to this unjust DWP practice ?
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