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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Reasonable Notice of telephone apppeal hearings

Robin Hood
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Benefits advice service - Trafford Council, Greater Manchester

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Joined: 9 July 2010

I was just wondering if other representatives were being informed of appeal hearings by HMCTS with less than 2 weeks notice being given from receipt of the notification letters? This seems to be happening constantly to me with in the North West and there seems to be no account made for matters such as representatives working from home and so not getting mail as quickly as previously or the need for appellants to arrangements that they may have in place e.g. appointments/work etc or for those supporting them to adjust diaries such that they can be available.

The rules state:
Notice of hearings 29.—(1) The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing. (2) The period of notice under paragraph (1) must be at least 14 days except that— (a) in an asylum support case the Tribunal must give at least 1 day’s and not more than 5 days’ notice; and (b) the Tribunal may give shorter notice— (i) with the parties’ consent; or (ii) in urgent or exceptional circumstances.

I and some of my colleagues tend to request that 4 weeks notice be provided which I think is a reasonable time period, especially in these times, but this just seems to fall on deaf ears.

I have even had a case relisted to be heard within 2 weeks of an adjournment despite a Directions Notice indicating further evidence could be submitted within 4 weeks of the adjournment date !!

Is this something just we are experiencing?

CHAC Adviser
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Caseworker - CHAC, Middlesbrough

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Joined: 14 September 2017

I got three hours notice once (the clerk rang to check we were ready to start later and that was the first I heard of it)! More typically here in Middlesbrough its settled down to a fairly consistent three to four week notice I’d say. Earlier this year back in May/June we got a flurry of cases coming in bang on the 14 day limit but more annoyingly they weren’t listing “in order” so we had some newer appeals being listed in front of older appeals. But since probably the start of July we’ve been getting a consistent three to four weeks notice. Which is about what we’d get pre-Covid.

Helen Rogers
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Welfare rights officer - Stockport MBC

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I’ve also found that hearings have been listed with less than 14 days’ notice.  One date was also sent only 1 week after the papers were issued!  I’ve heard that HMCTS in the North West are running out of appeals, but I’ve also got appeals which have been waiting for many months.  Listing them out of date order (which has been happening since the start of covid restrictions) makes it very hard to know how to prioritise your work.

DWRS
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Durham County Council Welfare Rights

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Joined: 21 June 2010

In Durham we are getting appeals listed with between 2 and 4 weeks notice, although the former is fairly unusual.  4 weeks seem to be about the standard.  HMCTS do seem to be experiencing a few teething problems with listings, both due to moving listings for the north-east to Leeds, and, obviously, dealing with the pandemic.