Appeals

If you have received a negative decision and wish to make an appeal we may be able to assist.

If you disagree with a decision by your local authority or the Department of Work and Pensions (“DWP”), you will most likely have 1 month to challenge the decision. Firstly you will have to ask the decision-maker to reconsider their decision. If your case involves the DWP this is called the “mandatory reconsideration” stage, and if your case involves Housing Benefit it is called a “revision”.

If you still remain dissatisfied you can make an appeal. In most circumstances, you will have 1 month to submit an appeal from the date of the mandatory reconsideration or revised decision.

Please ensure that you make a clear written record of all correspondence and interaction with the body making decisions on your benefits.

Judicial Review

However, there are also various situations in which there is no right of appeal in respect of a decision for welfare benefits, or regarding a policy or rule implemented by a local authority or the DWP.

In these cases, the only way in which a decision can be challenged is by way of a claim for Judicial Review. This is a remedy of last resort, therefore if there are alternative routes to challenge a decision, for example, an appeal to the First-Tier Tribunal, you will be expected to pursue that route. However, in some circumstances, it can possible to bring a Judicial Review claim even if there is a right of appeal to a Tribunal.

This will occur where the alternative remedy is not effective for your circumstances. In this situation, a claim for Judicial Review may be appropriate.

Furthermore, as a result of welfare reforms and poor administration of benefits, there can be situations in which you may be left without any benefits and are at risk of destitution. In such cases, Judicial Review may be the only effective remedy.

Get in touch 

For more information, please call us on 0121 558 7691 or contact us through our enquiry form.