DWP claim CRMR1 form is mandatory - legal action

Hi,

I am considering taking legal action against the DWP over their instistance that claimants fill out a CRMR1 form to receive a mandatory reconsideration.

In my case they more or less ignored my requests for an MR despite submiting them both verbally and in writing within 30 days of the original decision.

Several months later when I was trying to chase them, they told me it was because I hadn't filled out this form and if I didn't fill it out (in writing or over the telephone) there would be no mandatory reconsideration. They also said the request was now outside of the 30 day window so they had the right not reconsider the decision.

Unfortunately I've heard this several times now from the DWP, one time a DWP representative called me to say that what was on the .gov website was wrong.

It seems pretty clear the DWP are breaking the law, as the way MR can be requested is defined in secondary legislation and there are various documents on the .gov website (even with DWP headers) that repeat it.

I'm going put in a complaint about this to the DWP, to get them to clarify their position in writing. However there's plenty of evidence already of them breaking the law as far I'm concerned and should be avialable via GDPR.

I just wondered if anyone here has experienced anything similar to this?

Thank you

It's just that twice I was told that they'd been doing this for years. If so, it's possible for years they've potentially been denying MRs when people have met the criteria.

Apologies that I haven't got around to dealing with this. I understand there are time limits on judicial review but I need to establish exactly what has happened here so I'm going to write to the DWP.

Once they get back to me I'll consider the options. They have told me numerous times though that they won't deal with a claim unless the CRMR1 form is filled out which as I said is unlawful.