Challenging DWP decision

Jayne wrote: Hi could anyone help?

I just need to check whether or not it is ok to use dwp guidance ie, relating to work programme provider do's and don't to challenge a decision if they have not followed this guidance correctly before making the decision.

Is this classed as proper evidence if it has to go to tribunal?

Thanks

You are entitled to use whatever evidence you wish in regard to an appeal, however, the Tribunal can only consider facts that relate to the date of the Decision that you appealed, so take your post as is, the "problems" you are having with the WP provider post date the Decision and therefore are not relevant.

However, if you are arguing that Regulations 35 applies and that Work Related Activity is a danger to your health, then issues you are having with the WP Provider may be relevant, but I would expect it to only be in this context.

Gordon

Jayne wrote: Thanks Gordon

Who do you complain to if you feel the Decision maker has made an "error of law" by not following DM guidance.

Is there a complaints dept?

I think we need more information to offer any advice.

I would have thought problems with a Work Programme Provider should be addressed initially to the WP Provider themselves and then the JC+ office that has previously managed your Work Related Activity e.g. WFIs, this is not the same as the office that manages your ESA claim, they have nothing to do with the WP.

For a Decision Maker to be involved, there has to have been a Decision! Is this the case?

Gordon