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Financial Redress for maladministration

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5 years 11 months ago #212395 by Gordon
Replied by Gordon on topic Financial Redress for maladministration
Luzdd

I've done some searches and as far as I can see your only option for pursuing this matter further is a Judicial Review, this can be expensive, you will need legal advice and legal representation if the request is accepted, you cannot represent yourself as you did at appeal. If the JR is unsuccessful then can be required to pay the other parties legal costs which could be significant.

Have a look at the following.

www.publiclawproject.org.uk/data/resourc...ort_Guide_3_1305.pdf

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 11 months ago #212439 by Luzdd001
Replied by Luzdd001 on topic Financial Redress for maladministration
I have a pretty solid case, and I am asking them for £30.000 but seems like the ombudsman is reluctant to recommend such amount of money (they already mention it in a telephone conversation). The ICE never did an investigation, as my case is quite unusual and the ombudsman decision is totally inconsistent that is why I already asked for a review.
I consider my case is so clear to see the maladministration that they cannot believe!
I am looking to get SAR Request for personal information (Subject Access Request) though I am afraid that won't get anywhere because they can deny that request but the maladministration is quite easy to prove since the ESA form clearly state in part 28 (p55) under 'what happens next',
*
We will not be able to deal with your claim and may have to SEND YOUR CLAIM FORM BACK to you if:
-you have not answered all the...
-you have not provided all the documents WE HAVE ASKED FOR.

They never sent me the form back nor asked for anything meanwhile I was desperate going to the JCP inquiring was was going on and why they stopped the payments and NO-ONE knew, I was told that the claim took time to be processed and that there were workloads.

I wan't to ask the DWP how they made decisions regarding to the residential text. you have any idea how can I ask for this? I believe they are bound by law to give me that information.

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5 years 11 months ago #212440 by Luzdd001
Replied by Luzdd001 on topic Financial Redress for maladministration
So I can prove that aside from the court decision in the Mandatory Consideration the DWP failed since the beguinning

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5 years 11 months ago #212452 by Gordon
Replied by Gordon on topic Financial Redress for maladministration
Luzdd

All of the information on how the DWP made their Decision will have been supplied as part of their submission for the appeal you had.

Given you can only pursue this by a JR, you really need to think about getting legal advice, this is really not a matter that I can offer support on in the forum.

www.gov.uk/government/publications/direc...-legal-aid-providers

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 11 months ago #212472 by Luzdd001
Replied by Luzdd001 on topic Financial Redress for maladministration
Thank you so much for this link, I appreciate that.
By the way today Out of the blue I received a voice message from the Ombusman (weird isn’t it ?) telling me that their decision hasn’t nothing to do with the ESA form

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