Page 128 - Reforming Benefits Decision-Making

d) The terminology in decision and direction notices can be confusing –
appellants do not always know that they are the appellant and the DWP
the defendant, or what ‘your appeal is upheld’ means.

4.66 It is clearly crucial that appellants understand what the Tribunal is asking
them to do via a direction notice, and even more importantly, what the
outcome of the hearing is. We recommend that all decision and direction
notices are written as clearly as possible in plain English. Direction
notices, particularly those issuing directions to multiple parties, should
make clear what the appellant is required to do and what is the
responsibility of DWP (or HMCTS).

4.67 However, no matter how clear direction and decision notices are, there are
still likely to be some claimants who struggle to understand exactly what they
mean. This underscores the importance of access to independent advice,
which is discussed below.

Advice and support

4.68 In England and Wales, the vast majority of appellants are unrepresented at the
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FTT (SSCS). Despite this, as previously discussed appellants are highly
likely to be successful in their appeal. However, evidence suggests that
appellants who are represented before social security tribunals, or at least have
access to expert advice prior to the hearing, are likely to have a greater level
of success than those who are not. A FOIA request showed that in 2012/13
the overall success rate for appellants in the FTT (SSCS) was 47% and the
success rate for those with representation was 63%. There were bigger
differentials in outcomes for those with and without representation at
individual hearing centres – at Sutton the success rate for represented
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appellants was 74% compared to an overall rate of 55%. Moreover, the
Low Commission asked advisors what factors made the most difference to an

373 We understand that representation in Scotland is much higher. Scottish tribunal judges on our
Working Party and subgroups estimate around 80 per cent of appellants are represented in Scotland
versus 30 per cent in England.
374 Ministry of Justice, ‘Social Security appeal tribunals and representation statistics (FOI/80708)’
(2013).

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