Appeals

So the DWP are sooooo useless it would be amusing if it was NOT public money!

Under Freedom Of Information I asked…

“How many appeals have the DWP launched when unhappy with the result? How much have these appeals cost?”

This was to difficult for the DWP and I was asked to clarify my request..

Question 1 – Do you mean appeals against decisions on all benefits/schemes administered by DWP or just some? If some – which benefits/schemes?
My request seamed quite simple, I asked for appeals the DWP have lunched. Nothing todo with benefit claimants. For example my understanding is the DWP was ruled against by ICO/Disability News Service and forced to publish benefit related deaths. The DWP launched an appeal to over turn this ruling.
Question 2 – What period of time do you want this information for? A start and end date would be useful.
Again I was not after a specified time frame, however the last six financial years?
Question 3 – DWP can appeal against a decision of the First-tier Tribunal (FtT) to the Upper Tribunal. Is this the type of appeal you are seeking information on? Subsequent appeals can be made to the Court of Appeal and Supreme Court. Please let me know what type of appeals you are seeking information on.
Again I’ve asked for appeals. If payment is made at any point I’m interested.
Question 4 – Appealing against a FtT decision is a two (sometimes 3) stage process. To appeal to FtT you have to apply for leave first (to FtT and if unsuccessful there, to UT). Then actually launch your appeal. Can you clarify which parts of the process you want information about.
I’m interested in the cost of appeals not the process or the legal outcome just the amount of public money that has been used.

We estimate that the cost of complying with your request would exceed the appropriate limit for central Government, set by regulations at £600. This represents the estimated cost of one person spending 3½ working days in determining whether the Department holds the information, and locating, retrieving and extracting it.

So there is no record of the use of public money? Its in the public interest to be my aware how its money is being used.

UPDATE 8th September 2015

Dear Mr McMorrow,
Thank you for your Freedom of Information request received on 1st August 2015. You asked:
“How many appeals have the DWP launched when unhappy with the result? How much have these appeals cost?”
I wrote to you on 7th August to say that I could not proceed with your request without clarification of the information you seek since it was too broad in nature and needed to be refined to ensure it does not exceed the disproportionate cost limit. Unfortunately your reply is still too broad to be met within the cost threshold. Your reply to this request for clarification is contained as an Annex.
We estimate that the cost of complying with your request would exceed the appropriate limit for central Government, set by regulations at £600. This represents the estimated cost of one person spending 31⁄2 working days in determining whether the Department holds the information, and locating, retrieving and extracting it.
Under section 12 of the Freedom of Information Act the Department is not therefore obliged to comply with your request and we will not be processing it further.
We will consider afresh any revised request however we cannot guarantee that any revised request will fall within the cost limit.
If you have any queries about this letter please contact me quoting the reference number above.
Yours sincerely,
DWP Strategy Freedom of Information Focal Point

Annex – clarification of request
Dear DWP Strategy Freedom of Information,
I asked “How many appeals have the DWP launched when unhappy with the result? How much have these appeals cost?”
Question 1 – Do you mean appeals against decisions on all benefits/schemes administered by DWP or just some? If some – which benefits/schemes?
My request seamed quite simple, I asked for appeals the DWP have lunched. Nothing todo with benefit claimants. For example my understanding is the DWP was ruled against by ICO/Disability News Service and forced to publish benefit related deaths. The DWP launched an appeal to over turn this ruling.
Question 2 – What period of time do you want this information for? A start and end date would be useful.
Again I was not after a specified time frame, however the last six financial years?
Question 3 – DWP can appeal against a decision of the First-tier Tribunal (FtT) to the Upper Tribunal. Is this the type of appeal you are seeking information on? Subsequent appeals can be made to the Court of Appeal and Supreme Court. Please let me know what type of appeals you are seeking information on.
Again I’ve asked for appeals. If payment is made at any point I’m interested.
Question 4 – Appealing against a FtT decision is a two (sometimes 3) stage process. To appeal to FtT you have to apply for leave first (to FtT and if unsuccessful there, to UT). Then actually launch your appeal. Can you clarify which parts of the process you want information about.
I’m interested in the cost of appeals not the process or the legal outcome just the amount of public money that has been used.
Yours sincerely, Daniel McMorrow

Link:
reply.pdf

UPDATE 14th October 2015

There is such a large gap between 8th September 2015 and 14th October 2015 as I was getting advice from ICO.

Dear Department for Work and Pensions,

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

I am writing to request an internal review of Department for Work
and Pensions’s handling of my FOI request ‘Appeals’.

Having spoken to the ICO I’m requesting “internal review” of your
response, the appeals are funded with public money, proper records
should be maintained for audit and possiable FOI requests.
The DWP is expected to publish yearly records of accounting and
finance not being if able able to account for this money, the
accounting is flawed.

The DWP is a vast orginsation accounting records are important to
reduce potential misuses and fraud.

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

Yours faithfully,
Daniel McMorrow

UPDATE 12th November 2015

On I recived a case ref (FS50605275) from ICO. Michael Avery (Lead Case Officer) using the casework@ico.org.uk email address.

Your cases are eligible for consideration and has been allocated to a sector specific team.
A case officer will contact you as soon as possible to explain how your appeals will be progressed.

If you wish to send any further documentation while the case is awaiting allocation, please quote the relevant reference number at the top of this email. This will ensure that the information is added directly to your case.

Please be aware that this is an automated process. The information will not be read by a member of our staff until your case is allocated to an officer.

If you have any specific concerns before your case is allocated to an officer, please contact our helpline on 0303 123 1113, or 01625 545745 if you would prefer not to call an ‘03’ number, being sure to quote the reference number at the top of this letter.