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    Can anyone confirm that if I have made the initial decision on a case, then the reconsideration, would the Appeals Service accept an appeal case also submitted by me?
    I realise that this is not ‘good practice’ but is there anything written down to say that this cannot happen?


    Yes you can…as far as I know. I deal with all disputes arising from decisions made by assessment staff…i.e. reconsiderations, appeals and presentations at Tribunal.

    Clive Hayward


    I’ve presented quite a few cases where I’ve refused to backdate benefit (i.e. made the decision and then refused to allow the appeal and then presented it at TAS).

    In an ideal world it’s nice to have a quasi-independent “reconsideration” but (certainly in the eyes of many appellants) a council officer looking again at another council officer’s decision is only ever going to be “quasi” independent anyway.

    That’s where TAS come in….


    The only possible issue concerns the submission: if the impartial bits (sections 1 to 6) are prepared by someone who has a personal stake in the decision under appeal, there is a slight risk that the chronology of facts and selection of documents to attach might not be truly impartial. There might be a subconscious tendency for the decision maker to present their version of events as historical fact whereas the facts might be disputed. Of course, the Tribunal is supposed to probe into the facts, but there is a slight risk here that the whole process is subtly biased in the Council’s favour.

    I think you need to be extra careful that you put together sections 1 to 6 with your “friend of the court” hat firmly on your head. I would even sugest that you actually do wear a real hat, just to remind you.

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