Page 12 - Reforming Benefits Decision-Making

adjustments under the Equality Act 2010, and on how and when additional evidence
should be obtained.

Greater transparency and accountability is also required as to how the DWP makes
its decisions and measures its performance. To that end we recommend the end to
outsourcing of health and disability assessments, that claimants are provided with
copies of their assessment reports as standard and the audio recording of
assessments unless the claimant declines this. We also recommend an independent
evaluation of performance measures and the introduction of an independent reviewer
or regulator, as well as the publication of information on use of automation.
Improved data collection and evaluation is also required, including on claimants’
protected characteristics, and on the reasons for successful tribunal appeals.

Routes of Redress

Challenging incorrectly made decisions is a lengthy, daunting, stressful process and
difficult to navigate. Claimants face repeated practical barriers and many give up on
the long fight for their entitlement.

An accessible redress mechanism which enables claimants to challenge incorrectly
made decisions is essential. We recommend that the DWP mandatory
reconsideration stage is abolished so that claimants can appeal directly to the First-
tier Tribunal (Social Security and Child Support) . This will trigger a mandatory
review by DWP without the claimant taking any further steps. Decision letters
should state that appeals can be lodged after the one-month deadline where there is
good reason. DWP and HMCTS should utilise technology in the appeals process to
reduce re-keying and delay. To help prevent adjournments we also recommend the
piloting of file review by tribunal caseworkers and directing of parties to obtain
missing information ahead of appeals.

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