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How to sue DWP for compensation?

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  • How to sue DWP for compensation?

    Hi,

    Could somebody please tell me how one would go about suing the DWP for compensation? A rough outline of the background is that a friend was incorrectly moved from Income Support to Jobseekers' Allowance and it took nearly 2 years for the Tribunal Service to come to the decision that this was wrong - by which time my friend was no longer entitled to IS anyway and a substantial amount of damage had been done, not to mention all of the time that she was forced to spend complying with the JSA requirements which she should not have had to do.

    Thaks very much,

    3g
    Tags: None

  • #2
    Re: How to sue DWP for compensation?

    There is only one way unfortunately. The DWP can make goodwill payments to you, but these will be paltry amounts, and initially downright insulting. They will tell you your complaint cannot go any higher until you complain again, then it is passed higher. Eventually they start offering some money, then a bit more, but never much.

    As they are dealing with the public purse, the only way to sue them, or get proper compensation from them is through the courts.

    Comment


    • #3
      Re: How to sue DWP for compensation?

      One way to do this is by Judicial review, you would need to get the application in wihtin 3 months of the Tribunal Finding.

      The claim is that the decision - now found to be wrong at Tribunal - is one which no resonable decison maker could have come to. You then rely on the principles of ex parteQ - an asylum case - that the State is liable for consequential loss and damage, including personal injury such as depression, which result form its negligent / wrongful conduct in breach of its statutory or other obligationsx.


      You would need a schedule of loss as to the damage and loss.

      Comment


      • #4
        Re: How to sue DWP for compensation?

        Originally posted by labman View Post
        There is only one way unfortunately. The DWP can make goodwill payments to you, but these will be paltry amounts, and initially downright insulting. They will tell you your complaint cannot go any higher until you complain again, then it is passed higher. Eventually they start offering some money, then a bit more, but never much.

        As they are dealing with the public purse, the only way to sue them, or get proper compensation from them is through the courts.

        Hi labman,

        Yes, we fully expected that this would have to be taken through the courts, but we've no idea where to actually start (the CAB were no use, either). Springer Spaniel has said that it has to be done through a Judicial review - is that what you meant as well?

        3g
        Last edited by 3guesses; 6th July 2012, 11:51:AM.

        Comment


        • #5
          Re: How to sue DWP for compensation?

          Originally posted by SpringerSpaniel View Post
          One way to do this is by Judicial review, you would need to get the application in wihtin 3 months of the Tribunal Finding.

          The claim is that the decision - now found to be wrong at Tribunal - is one which no resonable decison maker could have come to. You then rely on the principles of ex parteQ - an asylum case - that the State is liable for consequential loss and damage, including personal injury such as depression, which result form its negligent / wrongful conduct in breach of its statutory or other obligationsx.


          You would need a schedule of loss as to the damage and loss.
          Thanks SpringerSpaniel. That sounds a bit daunting but I'm up for the challenge. Could you point me in the right direction for going about applying for a Judicial review?

          3g
          Last edited by 3guesses; 6th July 2012, 11:51:AM.

          Comment


          • #6
            Re: How to sue DWP for compensation?

            Hi,

            I think you'll find Border Collie is their status on the site, their user name is Springer Spaniel.

            I am more than happy to bow to their experience on this issue. If you were to take it through the courts though, you'd need to do so for a particular offence for which you may then be awarded compensation, you can't take them to court for compensation, only for an offence.

            Comment


            • #7
              Re: How to sue DWP for compensation?

              Originally posted by labman View Post
              you can't take them to court for compensation, only for an offence.

              Obviously I'm no expert either but Judicial Review doesn't require the commitment of an offence, just a failure in the legal process. Or am I wrong?
              'I don't see why everyone depends on me. I'm not dependable. Even I don't
              depend on me, and I'm me.'

              Comment


              • #8
                Re: How to sue DWP for compensation?

                I'm also prepared to bow to Magrew's knowledge. I'm doing a lot of bowing tonight!

                Comment


                • #9
                  Re: How to sue DWP for compensation?

                  Originally posted by labman View Post
                  I think you'll find Border Collie is their status on the site, their user name is Springer Spaniel.
                  Oops. Thank you - have corrected...

                  Comment


                  • #10
                    Re: How to sue DWP for compensation?

                    So can no-one offer any pointers as to where I should look for information on applying for a Judicial Review?

                    Comment


                    • #11
                      Re: How to sue DWP for compensation?

                      http://en.wikipedia.org/wiki/Upper_Tribunal

                      http://www.justice.gov.uk/about/hmcts/tribunals

                      adminappeals@hmcts.gsi.gov.uk

                      I guess you could try and sue the minister via the small claims court.

                      In my case the dwp has taken me to court twice to reclaim income support and they have lost twice, the last time in April 2010.
                      My defence both times was rather simple: Here is my bank statement, can you see *any* Income Support payments let alone the amounts alleged.
                      This September I got a letter from a debt collection agency " ... regarding the money you owe to the dwp and if you do not pay we will advise the dwp to take you to court ...", sigh.
                      If you have seen the movie Brazil you might see the funny side of this but I sure do not.

                      Comment


                      • #12
                        Re: How to sue DWP for compensation?

                        Your Mp may be able to help and/or to refer the matter to the Ombudsman Service, who cna award compensation for government aladministration of I think up to 10,000.

                        You can also take DWP to judicial review claiming you have suffered loss and/or injury as a result of their failure to apply the law correctly as a govt dept and/or their unreasonable delay in dealing with your affairs.
                        Last edited by SpringerSpaniel; 21st October 2012, 22:50:PM.

                        Comment


                        • #13
                          Re: How to sue DWP for compensation?

                          Originally posted by Rat1960 View Post
                          http://en.wikipedia.org/wiki/Upper_Tribunal

                          http://www.justice.gov.uk/about/hmcts/tribunals

                          adminappeals@hmcts.gsi.gov.uk

                          I guess you could try and sue the minister via the small claims court.

                          In my case the dwp has taken me to court twice to reclaim income support and they have lost twice, the last time in April 2010.
                          My defence both times was rather simple: Here is my bank statement, can you see *any* Income Support payments let alone the amounts alleged.
                          This September I got a letter from a debt collection agency " ... regarding the money you owe to the dwp and if you do not pay we will advise the dwp to take you to court ...", sigh.
                          If you have seen the movie Brazil you might see the funny side of this but I sure do not.
                          Unfortunately, government departments do make mistakes. But to make the same mistake twice and get their arses kicked by a court on both occasions is sheer incompetence. If the DWP have no grounds in law for bringing a claim against you, tell their cerebrally-challenged debt collection agents to stop being so silly. If you have to go to the extent of seeking an order of the court to stop the DWP from bringing further false and vexatious claims against you, you will need to cite the Secretary of State for Work and Pensions as the principal defendant on any court papers.
                          Life is a journey on which we all travel, sometimes together, but never alone.

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