HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011
Decisions of Three–Judge Panels in the last 12 months
The following cases have been decided by a Three–Judge Panel, which has the same status as the former Tribunals of Commissioners. See paragraph 37 of Dorset Healthcare Trust v MH [2009] UKUT 4 (AAC) for current guidance on that status.
Employment and Support Allowance
R(CJ) and SG v Secretary of State for Work and Pensions (ESA)
[2017] UKUT 324 (AAC) 03.08.17
Mandatory reconsideration - Late request for reconsideration of decision refusing entitlement to ESA - Whether appellant has right of appeal to FTT where Secretary of State refuses to extend time to admit late application for reconsideration or whether appellant’s only remedy is an application for judicial review - Access to justice - R v SSHD ex p Saleem considered.
Housing Benefit
Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (HB)
[2017] UKUT 471 (AAC) 01.12.17
Under regulation B13 of the Housing Benefit Regulations 2006 a claimant is entitled not just to a room that could be used as a bedroom, but to a room for a person with the characteristics of the applicable head in paragraph (5).
Information Rights
Information Tribunal’s decisions page.
Information Commissioner v E Malnick and The Advisory Committee on Business Appointments:
[2018] UKUT 72 (AAC) 01.03.18
1. The First-tier Tribunal (F-tT) erred in law by taking into account matters of public interest when deciding whether an opinion of the qualified person was reasonable for the purpose of section 36(2) FOIA. Moreover the F-tT’s decision that the qualified person’s opinion was not reasonable was irrational. Section 36(2) is concerned with substantive but not procedural reasonableness.
2. In considering the public interest balancing test the F-tT failed to ascribe any or appropriate weight to the qualified person’s opinion.
3. When the F-tT allows an appeal against a decision of the Information Commissioner, it must substitute a decision notice. it does not have power to remit the case to the Commissioner.
www.judiciary.gov.uk
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