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Help/advice needed Can I sue the DWP?
- redrob
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3 years 10 months ago #259996 by redrob
Help/advice needed Can I sue the DWP? was created by redrob
I have just won(!) my appeal at the Upper Tier Tribunal. I had been accused of Benefit Fraud with my ESA. I have been completely exonerated. That was a bad enough experience.
But in his summation the Judge said that 'This was a complicated overpayment made more difficult by the DWP sub-optimal handling of the matter...'
He then goes on to discuss these short comings and how these failings, both of process and professional competence, skewed the original decision making process and the evidence offered against me.
You can glean from his wording that he is very disappointed by the DWP.
Given that all the evidence is now a matter of legal record, can I sue the DWP and how might I go about it?
Any help and advice will be gratefully accepted
But in his summation the Judge said that 'This was a complicated overpayment made more difficult by the DWP sub-optimal handling of the matter...'
He then goes on to discuss these short comings and how these failings, both of process and professional competence, skewed the original decision making process and the evidence offered against me.
You can glean from his wording that he is very disappointed by the DWP.
Given that all the evidence is now a matter of legal record, can I sue the DWP and how might I go about it?
Any help and advice will be gratefully accepted
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- Catherine
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3 years 10 months ago #259997 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Help/advice needed Can I sue the DWP?
Hello Rob,
Congratulations on winning your UtT appeal! I hope the sweet taste of victory helps at least in part to dull the flavour of what you have been through.
Sueing the DWP is not something I have done, but you might find the following links of interest. The first refers to someone raising a complaint to the Parliamentary Ombudsman and the second is someone who took Atos to the county court.
I have taken an issue through the legal ombudsman and that was a very straight forward process although time consuming. It also has the advantage of no court papers and fees. County Court hearings are generally moderately informal, and the judge will do his/her best to ensure that you have a proper chance to present your case. I am however guessing that having got to the point you have you will not be easily daunted.
www.benefitsandwork.co.uk/news/1141-how-...-in-dwp-compensation
www.benefitsandwork.co.uk/news/4350-clai...en-they-don-t-pay-up
Please do come back to us if you have any specific questions and keep in touch about what you decide to do, and what the outcome is.
Thank you,
Catherine
Congratulations on winning your UtT appeal! I hope the sweet taste of victory helps at least in part to dull the flavour of what you have been through.
Sueing the DWP is not something I have done, but you might find the following links of interest. The first refers to someone raising a complaint to the Parliamentary Ombudsman and the second is someone who took Atos to the county court.
I have taken an issue through the legal ombudsman and that was a very straight forward process although time consuming. It also has the advantage of no court papers and fees. County Court hearings are generally moderately informal, and the judge will do his/her best to ensure that you have a proper chance to present your case. I am however guessing that having got to the point you have you will not be easily daunted.
www.benefitsandwork.co.uk/news/1141-how-...-in-dwp-compensation
www.benefitsandwork.co.uk/news/4350-clai...en-they-don-t-pay-up
Please do come back to us if you have any specific questions and keep in touch about what you decide to do, and what the outcome is.
Thank you,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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