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Tackling Complex Cases of Hardship Crisis III

Advice and Change

Addressing hardship in Wandsworth through placing advice within communities 10 July 2019 Balham Seventh Day Adventist Church

We are filming today’s conference. If you do not want to appear in the film, speak to the registration desk www.cawandsworth.org/crisis crisis@cawandsworth.org

Time Agenda 09.45 Why are we here? Service User presentations 10.00 Tackling complex cases of hardship + Addressing hardship in Wandsworth through placing advice within communities: Successes and Learning so far 10.30 Reflections and what next? Your ideas 11.00 Break 11.20 Challenging the Legal Framework: Public Law Project 12.15 Influencing policy – what can we do? 12.45 Guest speaker: Trust for London 13.00 Lunch

About Us:

• “Babybank”: clothes, toys and equipment for babies and young children
• 3 locations, operate on referral system
• Funding: Big Lottery Fund, various grants, local schools, individuals, etc.
• Donations of great quality; compassionate, dignified, community spirit
• Support Desk

– Vulnerable families confronting homelessness, poverty, domestic violence, mental health issues. Many are immigrants and/or refugees with no recourse to public funds. – Advice, Support, Compassion

Our Experience:

• Timely, convenient, relevant
• Deepened Relationships
• Greater visibility
• Empowerment
• Support from other boroughs
• Capacity

Little Village

A gift from one family to another.

littlevillagehq.org

Reflections and what next? Your ideas

Tea/Coffee Break

Our evidence feeds into national campaigns We work, with local partners, to influence local policy and practice

Aims of this session

• Some of the situations and problems that cause

people to experience hardship may have a legal remedy.

• We hope to give you an introduction to some of

those remedies and to help empower yourselves and your clients.

Exercise

• 10 situation cards, with explanation of impact and

context

• Please sort each card into a column

– does this person have a right of appeal? – do they need other help?

Welfare benefits cases with a right of appeal

• Seek advice from a welfare rights adviser
• Citizens Advice Wandsworth
• Seek local support to help a client through

hardship

Situations where other help is needed

• May need legal advice from a solicitor – e.g. public

law, discrimination, housing

• Seek local support to help a client through

hardship

Welfare Benefits – mandatory reconsiderations

• Internal DWP process whereby a different decision-maker

looks again at a decision

• Usually need to request within a month, but no time limit

for Universal Credit sanctions – if late can ask for extension

• Can put in further evidence and reasons why you disagree

Welfare benefits – tribunal appeals

• If claimant doesn’t get what s/he wants following a reconsideration, appeal to First-

Tier Tribunal

• Appellant can put in further evidence and reasons at this stage too
• DWP may attend to represent their case
• Tribunal may be made up of different people depending on type of appeal
• Tribunal can step into shoes of DWP and re-make decision
• Can appeal further to the Upper Tribunal on a point of law
• Legal aid not generally available, but exceptional case funding may be an option.

Discrimination claims in the County Court

• Different to an appeal
• Claims can result in damages to compensate for

discrimination and other losses, and/or a change in policy or practice

• Example: failure to make reasonable adjustments
• Legal aid may be available

Judicial review

• Again different to an appeal. Generally only available where no
• ther suitable or effective remedy
• Procedure in the High Court looking whether a decision made

by a public body was taken lawfully

• Usually facts not in dispute, so rarely have live witnesses
• 3 month time limit
• Legal aid may be available

Judicial review

• Powerful way of holding public bodies to account
• Defendants can include local authorities as well as

government departments

• Can challenge policies and legislation as well as

individual decisions

• Can be used to address discriminatory systems or

unfairness

• Example: RF v SSWP case about PIP regulations

Klara Skrivankova Trust for London

Tackling Complex Cases of Hardship Crisis III

Advice and Change

Addressing hardship in Wandsworth through placing advice within communities 10 July 2019 Balham Seventh Day Adventist Church

We are filming today’s conference. If you do not want to appear in the film, speak to the registration desk www.cawandsworth.org/crisis crisis@cawandsworth.org