Guidance given to the new appeals centre

Dan Manville made this Freedom of Information request to Her Majesty's Courts and Tribunals Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Her Majesty’s Courts and Tribunals Service,

I am concerned that an appeal recently submitted to the new Bradford Appeals Centre with a request that the requirement to provide the mandatory reconsideration notice be waived was returned to the appellant without the appeal being registered. They made no effort to contact me as the nominated and authorised representative

I would like you to provide me with any guidance or training materials given to the clerks at the centre regaring how to deal with appeals submitted on the SSCS1 but without the required notice.

Yours faithfully,

Dan Manville

Whitfield, Craig,

2 Attachments

Dan Manville
 
Please find attached reply to your enquiry dated 16th January 2014 and
relevant attachments relating to guidance.
 
Best regards
 
Craig
 
Craig Whitfield
Team Leader
Knowledge and Information Liaison Officer
HMCTS National Business Centres - Direct Lodgement Centre
Rushton Avenue,
Thornbury,
Bradford,
BD3 7BH
 
Office: 01274 267240
 
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Dan Manville left an annotation ()

Hi Craig

Thanks for that. I'm a bit concerned that there would appear to be no scope for a non compliant appeal to be considered by a Judge; in my application I had requested that the requirement for MR notice be waived. That was a request for directions but I would hope it simply wasn't picked up on.

Can you confirm what, if any procedures there are for such applications and provide copies of guidance to the compliance team as regards what might construe a "complex" appeal and it's management from there.

I will explain that I am a mental health specialist caseworker and I expect the vast majority of my clients will struggle to provide an MR notice so I really need to pin your procedures down.

Thanks again

Dan Manville

Dear Whitfield, Craig,

Hi Craig.

Apologies, I didn't see the "reply" button when I wrote my note above. Cuuld I refer you to my note requesting additional clarification please?

Yours sincerely,

Dan Manville

Dear Her Majesty’s Courts and the Tribunals Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Her Majesty’s Courts and the Tribunals Service's handling of my FOI request 'Guidance given to the new appeals centre'.

I requested clarification as to whether there was any scope for Judicial Intervention in non compliant appeals however have not received a response. Tomorrow is the statutory deadline for your response yet I have not heard anything since the original reply.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...

Yours faithfully,

Dan Manville

Data Access & Compliance Unit, Her Majesty's Courts and Tribunals Service

Dear Mr Manville,

Thank you for your request for an internal review. Unfortunately your annotations on released information from the website were not considered a valid FOI request received by the department so we are unable to conduct an Internal review as no request was logged. Please could you confirm what recorded information you would like to request and I will ensure that it is processed by the correct department.

In your message of 7 April 2014 10:54 you said you wanted clarification "whether there is any scope for Judicial Intervention in non compliant appeals"
I will forward this request for clarification of our ref 88077 for a response.

Sorry for any inconvenience.

Kind regards

Julian

Julian May
Data Access & Compliance Unit
Ministry of Justice
102 Petty France, 10.34
SW1H 9AJ
www.gov.uk

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Dear Her Majesty’s Courts and the Tribunals Service,

As you will note I requested an internal review of your response which you accepted on 11th April. In view of the delay I have today contacted the Information Commissioner's Office who advise that they would usually expect a review to be conducted within 21 days.

We are far in excess of that 21 days so I write to notify you that should I not receive a reply within 7 days I will raise a concern directly with the ICO.

Yours faithfully,

Dan Manville

Whitfield, Craig,

Dear Mr Manville

In your message of 7 April 2014 10:54 you said you wanted clarification
"whether there is any scope for Judicial Intervention in non compliant
appeals" this enquiry has been forwarded for clarification.

Having looked at your enquiry I can find no reference to a particular
appeal and believe your enquiry to be a general enquiry as whether there
is any scope of judicial intervention in relation to appeals which are non
compliant due to the lack of an MRN.

I have spoken to compliance about the issue and they outlined the
following:-

* No MRN Appeals are normally identified by the post team and then passed
through to Registrations; that being the case there wouldn’t be any scope
for picking up the fact that the appellant had specified that they were
unable or incapable of obtaining an MRN.

* In the event that a no MRN appeal made it through the post sift to the
compliance team, there are several possibilities i.e.

1. It could be simply identified as ‘No MRN’ without identifying any
issues and passed to Registrations as above.

2. The compliance clerk could identify that the appellant is having
difficulty obtaining an MRN but still request that it be registered as non
compliant and returned to the appellant for the appropriate action.

3. If the compliance clerk feels that the appellant is unable or incapable
of obtaining an MRN then they have the option of contacting the DWP to try
and ascertain what the specific issues are relating to this particular
individual.

Once the further investigations with the DWP has been completed there's a
final option of referring the matter to a Judge for them to make a
direction. This is an absolute last resort and not something that is
carried out as matter of course.

The bottom line is that the MRN is required in order to make an appeal
compliant.

Regards
 
Craig
 
Craig Whitfield
Team Leader
HMCTS National Business Centres - Direct Lodgement Centre
Rushton Avenue,
Thornbury,
Bradford,
BD3 7BH
 
Office: 01274 267230
 
? Please consider the environment before printing this e-mail or its
attachments
 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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