Reply To: Recovering OPs while appeal pending


Peter writes:
There is no legislation to stop you recovering in the midst of an appeal. Colleagues have pointed to maladministration issues. My view is that you have been reasonable and can now recover.

Appealing againt a Commissioner decision to the Court of Appeal requires leave on a point of law and unless the claimant is backed by a major advocacy group such as CPAG, I am dubious that it will go anyway. Only around 3% end at the next level and we have recently had a number of cases go to COA and the Tribunal of C so I cannot think there would be much interest in backing another old appeal esp as the law has changed from this April. Technically, the appeal process ends up in Europe not the Lords. That could mean a 10 year wait and unless the issue was absolutely vital, I do not believe that anyone would expect you to wait that long!

Waiting until it got to the Commissioner is far longer than most agree to do but unless and until the COA agree to accept the appeal, I would now pursue. I suspect that all the various groups and the Ombudsman would consider that holding back until the Commissioner had reached a decision was fair and reasonable.

Ghita writes:
I will ask the Commissioner for you for his views at next week’s training in York.