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Hi,
A bit of background first.
I have had a claim open with the Armed Forces Compensation Scheme since June 2018.
My claim was rejected and I appealed the decision.
It took a year for a reconsideration to be carried out and it was concluded that I met the qualifying criteria for the scheme. The reconsideration team then passed it back to the claims team to decide if my injury was caused wholly or partly by the service.
Instead of doing that the claims team dropped my appeal, with notice, and started a new claim on my behalf.
This claim was written without my knowledge or consent, it also used obsolete evidence and infornation that I had not used to support the claim.
The claim was rejected by the person that wrote the claim.
I sought clarification as to why this had happened and and I was refused an answer. I was told that I had to submit a new appeal an start the process again. It had at this point been 14 months since my appeal was lodged.
I argued that I could not submit an appeal against a decision if I had not written the claim. I explained that all of evidence was irrelevant/obsolete.
The AFCS refused to deal with the mistake and instead told me they would forego an appeal/reconsideration and the claim would go to tribunal.
6 months later I was told that a mistake had been made and a reconsideration had to be carried out. I asked how it would be possible to reconsideration an appeal that hadn't been written. I was told that this would be dealt with at the tribunal.
So at that point I knew that the decision of the reconsideration team was made before it was officially reconsidered. I was sent a reconsideration two weeks later which ruled in favour of the person that wrote/rejected the new claim. It took a further 4 months
to hear again and a new reconsideration was sent to me which reached a very similar conclusion.
I argued that I couldn't argue for a claim I had not written and I was told that I needed to bring it up in the tribunal. I asked why I was expected to use a tribunal to deal with the fundamental mistakes made by the AFCS.
I sent emails to the court explaining what had happened and clarified my position on a number of occasions, yet this falsified claim was used in my tribunal.
The AFCS did not send a representative to my tribunal and dispite spending an hour explaining the issues and arguing why the service was to blame for my injury, the judge ruled against me citing to falsified evidence as the reason he rejected my appeal.
He took nearly three weeks to issue a judgement and I was told that was because he needed the opinion of a senior judge. I requested written reasons and it took three months for a response, I asked for clarification and highlighted mistakes in the evidence which was duly ignored.
Given that falsified evidence was used to reach a conclusion against me, would this count a perjury?
The AFCS was fully aware that they had made fundamental procedural mistakes and knew the evidence had been twisted to support a narrative upheld by the court and the judge was fully aware of these errors.
Thanks, MMM.
A bit of background first.
I have had a claim open with the Armed Forces Compensation Scheme since June 2018.
My claim was rejected and I appealed the decision.
It took a year for a reconsideration to be carried out and it was concluded that I met the qualifying criteria for the scheme. The reconsideration team then passed it back to the claims team to decide if my injury was caused wholly or partly by the service.
Instead of doing that the claims team dropped my appeal, with notice, and started a new claim on my behalf.
This claim was written without my knowledge or consent, it also used obsolete evidence and infornation that I had not used to support the claim.
The claim was rejected by the person that wrote the claim.
I sought clarification as to why this had happened and and I was refused an answer. I was told that I had to submit a new appeal an start the process again. It had at this point been 14 months since my appeal was lodged.
I argued that I could not submit an appeal against a decision if I had not written the claim. I explained that all of evidence was irrelevant/obsolete.
The AFCS refused to deal with the mistake and instead told me they would forego an appeal/reconsideration and the claim would go to tribunal.
6 months later I was told that a mistake had been made and a reconsideration had to be carried out. I asked how it would be possible to reconsideration an appeal that hadn't been written. I was told that this would be dealt with at the tribunal.
So at that point I knew that the decision of the reconsideration team was made before it was officially reconsidered. I was sent a reconsideration two weeks later which ruled in favour of the person that wrote/rejected the new claim. It took a further 4 months
to hear again and a new reconsideration was sent to me which reached a very similar conclusion.
I argued that I couldn't argue for a claim I had not written and I was told that I needed to bring it up in the tribunal. I asked why I was expected to use a tribunal to deal with the fundamental mistakes made by the AFCS.
I sent emails to the court explaining what had happened and clarified my position on a number of occasions, yet this falsified claim was used in my tribunal.
The AFCS did not send a representative to my tribunal and dispite spending an hour explaining the issues and arguing why the service was to blame for my injury, the judge ruled against me citing to falsified evidence as the reason he rejected my appeal.
He took nearly three weeks to issue a judgement and I was told that was because he needed the opinion of a senior judge. I requested written reasons and it took three months for a response, I asked for clarification and highlighted mistakes in the evidence which was duly ignored.
Given that falsified evidence was used to reach a conclusion against me, would this count a perjury?
The AFCS was fully aware that they had made fundamental procedural mistakes and knew the evidence had been twisted to support a narrative upheld by the court and the judge was fully aware of these errors.
Thanks, MMM.
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