Lies, Lies and more Lies just when will it end.

Well following on from my last letter to DWP HQ discounting much of what they said in this  long running complaint I have had another letter from them it is much the same bullshit baloney however it is building up a fantastic case in law which I am sure any judge will read with glee.

This is a classic case of #DWPChaos right before my readers eyes and is astounding that it has reached this far as despite sending in much evidence in my last reply to them they still lie and make up there letters as they go along with any checks what so ever.

Being a Governmental Department and one of the biggest I do not know whether to laugh or cry

This follows on from this blog:

https://diaryofansahstrokesurvivor.wordpress.com/2014/06/19/dwp-shambles-round-3/

and the whole shenanigans can be read here:

https://diaryofansahstrokesurvivor.wordpress.com/2014/06/30/dwpchaos-parked-on-esa-wrag-for-a-year-now-out-of-system/

Todays Letter:

DWP Letter 22-07-2014 P1 EDITED

DWP Letter 22-07-2014 P2

 

Now lets go through this piece of trash and again debunk it

Firstly in paragraph two they state that Angela McDonald was given incorrect information in regards to when my ESA Claim was migrated now is that a cop out? I think so as all the information is there on a screen in front of her and more the case is that she failed to check her facts. That is maladministration.

In paragraph three they still maintain the reason for not informing me of the cessation of my claim was due to system errors that I still find hard to believe unless there computer systems really are that bad although I still maintain that a department as big as the DWP dealing with many millions of claims would have back up systems in place.

In paragraph four they quote regs 29 and 35 but as my claim was pre April 2013 these are the wrong regs to quote as my claim would have come under regs 25 and 31 a minor detail as they are effectively the same but wrong none the less and shows there incompetence.

In paragraph five they say they do do not discriminate against there customers really when an upper tier court case for those with MHP’s says you do.

In paragraph seven it says you do not have such a request for requesting the ESA85, well you won’t as it was requested via phone at the same time I requested the Statement of Reasons.

In paragraph eight you state my medical conditions are not in dispute I believe they are because if they was not we would not be here now and as for the WCA you still maintain I had one which is not the case I was put straight in WRAG without an assessment.

Now the biggest lie of all in paragraph nine you now state that there was NOT specific grounds for the anytime revision requested on the 15th December 2013 despite a complaints resolution manager saying there was and thus had been accepted that will look good in front of a judge as it clearly shows your incompetence especially in my last letter I enclosed the letter that stated this.

Lying is one thing but lying in the face of evidence that says different is amazing

They further state my claim was not made in ignorance of the facts I beg to differ and would say that is exactly the case and they further say that the Tribunal service is not looking into the nature of my case and only if it is valid really! if that is the case tell me why today I also got a letter from HMCTS asking me to send back the enquiry form and submit further evidence I would say the appeal is going ahead and I look forward to my day in court were I can debunk all your lies indeed I have enough evidence for it to be dealt with on the papers but feel the need to attend.

Be sure to comply with the judges orders which you have not done to date.

Operational EXCELLENCE Director

OK I need to ask a question and get peoples thoughts on it so please post your comments here.

As most will know when you follow the DWP Complaints Resolution process if you are not happy you can go one step further to Operations Director before handing complaint over to Independent Case Examiner.

Now that is the stage in this mammoth process I am at and had a baloney reply that was full of in-corrections but not only that it was signed off from Operational Excellence Director.

Now it is my belief that there is no such post within the DWP and this was just a hash to make the letter sound good, official in the hope I will go away indeed it is the contents of the letter that has drawn me to this conclusion and that the complaint was no doubt dealt with by a civil servant minion.

I would be grateful for ones thoughts on this as I have sent a reply here:

https://diaryofansahstrokesurvivor.wordpress.com/2014/06/19/dwp-shambles-round-3/

But if my assumption is true it adds further fire to this complaint, it would be interesting to know if anyone else has had letters signed the same.

Operation Directors Letter 18-06-2014 P1 edited

 

Operation Directors Letter 18-06-2014 P2

My Apologies Mr Cameron

Today Mr Cameron I would like to give you my apologies, you see I have not grown up to aspire to what you want out of me.

I apologise for becoming very gravely ill at an early age of just 27 years old suffering from an SAH/STROKE that so nearly killed me perhaps it may of suited you better if I did die, but then that was not my fault either as I was looked after by the excellent NHS you seek to destroy.

I apologise for needing to take 18 months off work to enable me to recover enough to go back to work but I did ensure that this was the least time needed given the severity of my disabilities as I would have taken more time to ensure I was fully fit before I returned but do understand that by doing that it did not fit to your ideals after all we are not here on this planet to make the most of life but to slave at work till we drop indeed that has become true with what you have legislated with work programmes and zero hour contracts, one really does wonder what life would be for me if I had another stroke tomorrow.

I apologise for only being able to work post SAH/Stroke for 17 years you see I would have loved to have worked longer only by then in September 2007 I was made redundant due to the financial crash and a lack of lending to SME’s which meant the business I was working for had to fold, oh I managed a short period of agency work until March 2008 but even that dried up so was left between a rock and a hard place that need a think of my next move.

Mr Cameron I again apologise but I decided to go to my GP to get another course of physiotherapy because I must admit my right sided spasticity was playing second fiddle to my working and by this time my joints were in a bad state and deformed and thus my GP signed me off with a MED 3 as he said I was pushing myself too hard and needed a period of physiotherapy and rest.

So I apologise as I needed to claim Incapacity Benefit so I could support my family and pay the bills which are always on the up and never down due to that ugly face of capitalism but the saving grace was at least I never had to turn to Wonga! as I had a caring family.

That Incapacity Benefit was just shy of £400 once I reached the top rate not a lot of money by any means and just short change for someone like yourself but to me it was a lot and with my good wife’s earnings was able to live in working man’s comfort.

You see Mr Cameron I really wanted to work until retirement as I enjoyed the working life working with comrades having holiday’s with family as holidays were special then as it was a goal to work too whilst looking forward to retirement and days full of wonder but my apologies as for me it was not to be and now take each day as it comes as can hardly afford treats

My highlight now is the weekly trip to the supermarket.

But even that is a score against me according to your defunct WCA, as is having a dog who brings great benefits in my illnesses

£400 appears to be too much support for me as the ESA WRAG I was on you have taken away and left me at the destitute of those I have bills and debts to pay that I can never forgive Mr Cameron.

You have waged a war against me in which I was never the cause of and which I will never apologise for as I have done NOTHING WRONG, Indeed we as a family have been good citizens to this nation whilst saving this and previous governments a fortune by not claiming assistance with mortgage interest and caring for our elderly mother at home, hell even the little disability support I was getting I never claimed until out of work in 2007.

How you fuckin have the cheek to label me a feckless scrounger I will never know and that Mr Cameron stinks and fucking hurts after all I have done to bail out this shitty government.

Your welfare reform is nothing about reform or modernising and is purely a means to cut support from the most needy which you do by any means possible even if it means breaking the law of justice.

You Mr Cameron are one mean evil fucker without an ounce of compassion understanding or empathy.

Your days are numbered in office and I for one look forward to the celebration when you are gone as you will be remembered as one of the nations worse prime ministers to ever rule over our once great nation.

P.S I make no apology for the strong words as you deserve every one.

 

 

 

Appeals Denied

Following on from my own blog here:

https://diaryofansahstrokesurvivor.wordpress.com/2014/06/09/government-and-press-are-at-it-again-lets-debunk/

And an excellent blog from Nick@ilegal on the true stats on ESA here:

http://ilegal.org.uk/thread/8640/release-staggering-numbers-overturned-secrecy

It is also to be known that the DWP take very shady measures to deny ESA appeals indeed this has happened to me and is ongoing with the operation directors office to which I still await there out of time response.

I have today made a Freedom of Information Act Request in the hope of finding out just how many claimants has had justice denied as that is what it amounts too and in my mind very serious and brings about a claim to maladministration.

My FOI is here:

https://www.whatdotheyknow.com/request/denied_appeals 

Now I do not expect they will supply this information as they would be implicating themselves as this information from them would be a goldmine to many especially in a court of law, however my aim is too get as many as possible to follow this FOI as that would put the DWP on notice that many are aware of this shoddy and unlawful practise happening.

I wait there response to not only my complaint above but also this FOI.

My Thanks to Nick@ilegal and #newapproach

Please my I request that this FOI is not duplicated for same info as DWP could see it as vexatious as happened over at Vox Political

Thank You

 

Government and Press are at it again, lets Debunk

As many of you know the ill and disabled are under constant attack from our wonderful Government and the articles in yesterdays Daily Mail and Daily Telegraph are no exception indeed they spout untruth’s in order to brainwash there readers this is nothing but vile publication in order to dictate the Governments stance on welfare reform and increase there profits in the hope it is what the public is what they want to read

I hope that is not the case and the public can just use these articles as a basis for there own research to find the truth.

The two articles in question on this blog are:

http://www.dailymail.co.uk/news/article-2652096/Thousands-benefits-claimants-win-legal-right-money-government-officials-turn-4-tribunals.html#ixzz348PFhFJm

http://www.telegraph.co.uk/news/politics/10884776/Ineligible-welfare-claimants-keep-benefits-after-going-unchallenged-in-court.html

Now none of this articles mention the fact that tribunals are based on fact and evidence and it is that a judge quite rightly takes into consideration and the reason that the DWP do not turn up is likely that there prospect of winning is judged by them as remote after all the evidence speaks for itself.

But lets look at the other side and the money wasted in trying to bring appeals when the DWP know full well that it has little prospect of being allowed by a judge due to being out of absolute time as indeed the Judiciary follow the guidance and law thay are set unlike the Department of Works & Pensions who are well bent in breaking them.

Many of you are well aware of the battle I have faced but for those that don’t you can get up to speed here:

https://diaryofansahstrokesurvivor.wordpress.com/2014/05/24/the-shit-hits-the-fan-letter-before-action

This blog above contains all the others links to this ongoing saga.

Now I requested an anytime revision on the 15th December 2013 as I felt my claim has to ESA had always been wrong and the case in the high court on mental health highlighted that beautifully and thus the reason for my anytime revision which was accepted under specific grounds.

Now one would think an anytime revision would take place and a decision notice on the outcome be send to me and if I was not happy could appeal it within 30 days hockey-cocky justice, but no it went all pear shaped due to the actions of one decision maker.

They sent it to appeal knowing full well it was out of absolute time and had little prospect of being allowed to succeed, indeed this is the outcome the DWP wanted and why they took that action but wait where does this leave me? without justice that is where.

By taking this unjust action they just emailed me to say my anytime revision had failed OK you might think but no I had no official decision notice and without it I could not appeal it.

This is not only denying ones right to justice but also gross maladministration that has caused financial hardship which I can also prove my complaint is now with the Director Generals Office and I await there rely but I guess instead of carrying out a full investigation they are finding ways to wriggle out and if that is the case.

Carry on as court awaits.

I hope this gives you an idea of there utter contempt.

 

 

The shit hits the fan! Letter before Action to the DWP

Many of you are well aware of the issues surrounding my claim to ESA, for those that don’t you can follow here:

http://www.twitlonger.com/show/n_1s1sb2o

Now there final reply is here which is discrimination in itself as it is nothing more than a pack of lies and delaying tactics which fits in nicely with there stance shown at the appeal courts just this week

http://disabilitynewsservice.com/2014/05/court-dismisses-dwp-delaying-tactics/

So I have taken steps for them to take notice, realise the gravity of there errors and maladministration and put an end to my suffering which  is a constant onslaught.

I have applied for legal aid via the Legal Aid Service website and if it is allowed which I expect it will be as legal aid is still available for cases of discrimination I will instruct a solicitor to bring a case in the courts for loss of benefit entitlements and compensation for harm and suffering caused as well as administration.

Complaints resolution email where they deny discrimination has been caused to me despite the case of MM and DM saying it has:

Dear Mr Carter

Further to my email to you of 24 March I am now able to reply fully to your complaint on behalf of the District Manager for Greater Wessex, Tim Taylor-Blake.

As I understand it you requested an Anytime Revision of your case on the ground of disability discrimination. You cited the judgement of the Court of Appeal 04/12/13 as your reasons. The judgement relates to on-going legal action about the Work Capability Assessment and whether it discriminates against people with mental health conditions.

In the interim decision the Court did not direct the Department for Work and Pensions (DWP) to make any changes to our processes; the Court of appeal has not done so either. The DWP is still considering its response to the decision. Until or unless we are directed otherwise, we must continue to follow the processes already agreed in law. As we have made no error in law and the law has not been changed, it is not appropriate to carry out an Anytime Revision of your case.

The decision on your benefit entitlement was made on 17 September 2012, and as you are aware you are outside the absolute time limit of thirteen months to make an appeal. However, in accordance with Regulation 32 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, we have forwarded your case to the first tier Tribunal of Her Majesty’s Courts and Tribunals Service (HMCTS) for a decision on whether it can be accepted us such. We are waiting for a decision on this.

If you have any further queries regarding this matter Yvonne Moore will be pleased to help. You can contact her on 023 9230 8043 or you can write to her at Cosham Benefit Centre, Mail Handling Site B, Wolverhampton, WV99 1PB.

If you are dissatisfied with the way your complaint has been dealt with you can ask for the matter to be investigated on behalf of the Director General, Operations. If you would like to do this, please write to the DWP Director General, Operations, Noel Shanahan at PO Box 50101, London, SW1P 2WU within six months of the date at the top of this letter. He will then arrange a response from an appropriate officer within the Department.

Yours sincerely

Karen Brown 
Complaint Resolution Manager | Department for Work and Pensions | Greater Wessex District | Wynnstay House | 121 High Street | Cosham | PO6 3DR |  www.dwp.gov.uk

My Letter before Action

Noel Shanaham
Director General Operations
Department for Works & Pensions
Caxton House
Tothill Street
London
SW1H 9NA

 

24th May 2014

Dear Noel Shanaham,

I apologise for this late referral, however as you read this shocking account of events it should become aware to you my lateness in writing to you as this I have struggled with for many years but I hope you can make allowances as that is what the equality act dictates should happen.

The Greater Wessex Complaints Resolution Team said they would forward my complaint to you if I was not happy with their decision, however by this time I had lost all trust with that department and did not feel they would forward the full facts as they happened so I said I would email you myself to which they said was fine this is confirmed in there attached emails.

About Me

I am a 50 year old male living in Havant Hampshire I worked tirelessly since leaving school in the Portsmouth Dockyard and later for GEC-Marconi Ltd at Farlington however at the age of just 27 years old I had a tragic event that would change my life for ever.

I passed out at work and was rushed to the QA Hospital Cosham via ambulance were it was discovered I had an SAH that caused a Stroke which entailed a bleed to my left middle cerebral artery I was transferred to the Wessex Neurological Centre Southampton for a deep invasive craniotomy operation to clip the bleed, this was in April 1990 indeed me still being alive is testament to the great NHS we once had.

I was in induced Coma for 2 months to limit brain activity and help to reduce brain swelling and after a further 6 weeks was ambulanced back to the QA Hospital for recovery and physiotherapy for a further 3 months; this was continued at home for another 18 mths before I returned back to fulltime employment.

Although I found employment difficult due to the physical and mental disabilities I has plus the stigma and discrimination I could not hold down a job and found myself shifting from one employer to another however I had the determination not to give up and besides in those years employment was plentiful and easy to get but how times have changed for the worse now!

During my working years and indeed during the time I was off work I never claimed a penny for sickness or disability some have said in my family that was silly of me but the fact is I had morals and felt I should not as I was earning and finding my way well but how ironic that now I find myself being vilified, some may say including you that the words of Government and press articles are not directed at me, but as I get into the finer details of this complaint you will see that is too hard for me to believe.

Do you remember David Cameron saying no one should claim benefits unless they had a real need? That struck an accord and gave a nasty taste as that is exactly what I had been doing for 17 years previously when I had a need, indeed I had saved your department thousands in lost benefit and this is how you treat me now and I still continue to save the Government loads of money by paying my mortgage in full with no support for mortgage interest the contempt of your department is astounding.

In September 2007 at the height of the global financial crash I was one of the unlucky ones who got made redundant due to my employer being unable to get the loans to upgrade his aging fleet of trucks so he had to wind up I tried to gain further work in order to be not a burden on the state but let’s get real here who is going to want me with my disabilities in this volatile jobs market that has been created by this and earlier governments one employer even discriminated against me and said sorry I have too many able-bodied younger generation in the queue you will be better claiming the support you are entitled too, if only he knew how hard that was to claim.

A point I find so tragic is that more money has been lost in your department and others than what would have been spent on supporting the long term ill and disabled indeed it is an Omni-shambles and Universal Credit is a prime example among many others.

My Claim

I was on Incapacity Benefit for a few years and also middle rate of Disability Living Allowance after it was raised from low rate on reconsideration this was by no means a lot of money but enough for me to live and pay our mortgage and bills with my wife’s earnings so was happy until the brutal welfare reform act was pushed through and from that point my life sunk ever deeper into a living hell of which I found the stress, anxiety and room pacing out of frustration unbearable.

The point came were I got the migration letter to convert to Employment and Support Allowance and was to discover just how brutal your department is as you all appear to not have a care in the world of the masse destruction of people’s lives, you appear to not care about law, human rights act, Equality act or the rights of people with disabilities.

Due to executive dysfunction I missed the draconian 30 day time limit which in itself is discrimination to someone like me so had to seek reconsideration again to get my Incapacity Benefit reinstated and allow me more time to get the forms back to you

Mr Cameron made another bold statement and leap of faith by saying everyone who had a need has nothing to worry about as they will be protected, I am not seeing it, what I am seeing is quite the opposite.

I got the forms back to you a few weeks later, but rather than get an assessment from a doctor which is what should have happened for someone who has had an SAH/Stroke I was put straight into the WRAG GROUP of ESA time limited for 365 days clearly this was wrong and yes I should have appealed indeed even the advisors at my work focused interviews could not believe it and told me to appeal as they could see my level of disability warranted it and is why they never set me any tasks.

There was the problem you see because of executive dysfunction, poor memory and a lack of motivation and the issues raised by the panel of judges in the case of MM and DM I could not appeal and thus it lapsed and was out of absolute time to appeal.

In October 2013 my ESA stopped with warning and although it said on the original award letter my claim was time limited due to my poor memory I forgot and thus a letter to warn me should have been sent after all I have heard of such letters being sent with options of what steps can be taken, your departments communication with me is and always has been very lax and that continues today.

On the 4th December the final Judgment I had heard about and was waiting on was finally handed down it was a breath of fresh air and enabled me to seek an anytime revision of my claim which I submitted on the 15th December 2013, given the upper tier court judgment and knowing what your department was instructed to do by the panel of judges this anytime revision really should have been acted on indeed it would have shown the Judges that you was taking steps to resolve but no your department hatched on a plan to deny me not only the anytime revision but also my legal right to appeal.

Your decision maker knew the actions she was taking could not be taken as there was no real prospect indeed I stand by what she done was wilful and planned

Your decision maker submitted my anytime revision to HMCTS in Cardiff knowing and hoping it would fail as she knew she had no place to take that action as no judge could grant an appeal as it was out of absolute time why did she do this? I suspect to get round not having to send out a notice of failure of anytime revision which I still have not received as by doing so I could appeal it if I was not happy with the failure.

That is not a De Minimis issue but a clear breach of not only your own guidelines but also law breaking and maladministration of the highest order.

Your department failed to take actions on the back of an upper tier court judgment that sets a precedent and if you could not have dealt with it at the time which I expect is the case as you still have failed to do what the judges asked and even tried to hoodwink the judges and gain more time just this week when you have had more than enough time, you should have but my revision on hold and pay me the benefits I had lost.

I get the vibes the Judges are not impressed at all with your stances in the way you have handled this case and not done as instructed just how do you think those with mental health problems have copied while you carry on this charade?

I made a complaint to the Greater Wessex complaints resolution team they was just as bad by sending me false contact details which resulted in a £25 special payment being made it is also my believe that rather than dealing with my complaint independently they colluded with the decision maker and told me a pack of lies and even said no discrimination had taken place and used that as the basis to deny my anytime revision, perhaps many of you need to look up what discrimination means as that has already been proved in court as a “substantial disadvantage” is discrimination.

Financial Hardship

This claim from day one since migration has been a total farce and has caused financial hardship to the point of threats and court orders for payment of debts which I was managing well until you stopped my ESA.

Due to not being able to work I had a CCJ and other debts which I had made payment arrangements but had to stop these as my mortgage, utility bills and food shopping were priority and we could afford no more I wrote to these creditors and most were understanding and were willing to wait until my situation got better but one was not and applied to the court for an attachment of earnings on my wife’s wages this I was not happy with especially as it was out of my control and all your departments doing because had you not stopped my ESA my payments would still be up to date as agreed.

I was ordered to appear in the Portsmouth County Court on the 2nd June 2014 (2 days before my birthday) thus causing more deep distress, I wrote to them again explaining the situation your department has caused pleading clemency and to stop the action as it was not my doing thankfully they have done that today as it was not fair but that does not take away the suffering you have caused for which I can never forget.

Going Forward

I know expect my anytime revision to be complied with and a full and frank investigation to be carried out with a matter of urgency given the time already wasted.

I also expect the lost benefit to date paid to me within 14 days and a meaningful payment for the harm, suffering and maladministration that has been caused after the investigation has been completed.

I am not prepared to take anymore baloney from your department or it’s ministers in government I and my family have suffered enough and it is ending now before I become another statistic who lost his life early and have thus made my enquires about legal aid to the legal aid service should I need it as this is the end of the line for me and I will instruct solicitors to take action via the courts on the 9th June 2014

Please do not see this as an empty letter of threats as that is not my style and I and my family as a direct result have suffered very badly, there is indeed more than enough evidence to bring such a case to the courts were I will seek an award for lost benefits and compensation for harm and suffering caused and discrimination on the grounds of my disabilities.

I hope that you of all people can see the errors of your ways and take immediate steps to end it although I have seen enough already not to have a leap of faith, the ball is in your court and I await a timely response-

Finally I do not ask for much in the grand scheme, only to live out my life without fear and retribution from your department or anyone else as my disabilities dictate that my life will end early and not into retirement many expect including yourself, is this how you would expect to be treated? As it is my belief you department is well overdue a massive dose of humanity aswell as compassion, understanding and empathy perhaps you should ponder on that for a while.

Yours Sincerely

Leon Carter

 

I await there reply in earnest and will keep you informed via this blog.

Willful Denial of Appeal

Letter to Dame Anne Begg Chair of Works & Pensions Select Committee

Dear Dame Begg,

I write to you today as Chair of the Works & Pensions Select Committee, I appreciate you cannot directly help me as I am not your constituent so this is for your information so if need be can be used in any committees going forward.

I had an SAH that caused a bleed to my middle cerebral artery and subsequently had a deep invasive craniotomy that caused a stroke to my dominant right side, I have been left with both physical and mental health problems as my frontal and temporal lobes are damaged.

This causes me great difficulties in everyday life  as I am sure you can understand, however the biggest difficulties I face are those relating to executive dysfunction indeed everything takes me so much longer to do if at all due to a lack of motivation which many perceive to be laziness but is not as I could have the greatest will but it does not connect to my brain to carry out.

Now there are many moral issues relating to my just support from DWP but for this purpose I will stick to the facts.

Firstly I link to this upper tier tribunal judgment as it has a bearing in me seeking an Anytime Revision of my claim to ESA

http://www.bailii.org/ew/cases/EWCA/Civ/2013/1565.html

I maintain that my claim to ESA has always been wrong as I feel I should have been put in the support group but was instead put in the wrag group without assessment, however due to the issues correctly noted by the three panel judges in the above final judgment I never got around to appealing and thus missed the absolute time limit of 13 months to do so .

This worked to the DWP’s advantage as my claim to ESA  ended in 365 days which is unfair in itself for someone like me with lifelong disabilities that time limit reached me in October 2013 and my claim was duly ended without warning which came as quite a shock because whilst it stated in the original award letter that my claim is limited to 365 days due to poor memory I forgot which is logical given the form of my disability.

The first we knew was when my wife checked her bank account to find a payment of just £14, the following few months were hell and forced my wife to take on extra hours in here part time job instead of caring for her mother in law who has Alzheimer’s, she then lost her carers allowance because of this and thus was embarking on a list of events that were nothing short of brutal.

On the 5th December 2013 there was a ray of light when the above judgment was released for publication  I read it in awe as it so much related to my own problems so decided to make an anytime revision on the basis of that judgment on the 15th December 2013 and from this point it got worse much worse to the point of the DWP Causing Maladministration by not following their own  guidance on anytime revisions.

It got so bad it was a having a negative impact on my health due to stress, anxiety and literally pacing my front room in absolute frustration at the DWP’s inability to communicate.

I made a complaint to the complaints resolution team in Cosham Portsmouth they was just as bad resulting in them making a special payment to me for £25 due to them giving false information regarding the contact details of the appeals team.

Eventually I got this information so phoned the department to get an update and was told it was sent to HMCTS in Cardiff for them to decide if I can appeal, now it was not until a couple of days later when I had researched that I found out the errors made that lead me to think they are wilful.

 

  1. I requested an Anytime Revision so were was the decision notice I should have received?  Even if it was one of refusal/failure a notice should have been sent
  2. Why did they sent my revision to appeal as they knew it was out of absolute time and thus any judge would struggle to allow it.
  3. Has an anytime revision indeed been carried out I have my doubts.

 

They knew that by sending me a decision notice I could appeal it within time should I not be happy with that decision as that very decision notice has it’s own appeal rights so what they have in my mind wilfully done is deny me a right to appeal and that is not a De Minimis issue.

I did receive an email from Complaints Resolution refusing my Anytime Revision but as you know I cannot appeal on the back of an email as it is a document HMCTS does not recognises as it has to be done on an official decision notice.

That email also states that no discrimination has been caused that frankly is laughable as the court case about says differently and more so the way this whole claim has been handled dictates that discrimination has been caused as well as harm and suffering.

I am now stuck between a rock and a hard place through no fault on my part indeed I have tried to follow the guidance as the law states what a shame that one of the Governments biggest departments cannot do the same.

I have now passed this matter over to a solicitor to deal with as I have fought it as far as I can go and it now needs legal opinion, however I felt I had a duty to inform the Works & Pensions Select Committee so that they was aware of what is going on within Government and the DWP under the leadership of Iain Duncan Smith.

I have tried getting help from my MP David Willetts but he is not interested and as useful as a chocolate teapot

I hope you find this information useful in going forward.

Yours Sincerely