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 www.cawandsworth.org/crisis crisis@cawandsworth.org We are filming today’s conference. If you do not want to appear in the film, speak to the registration desk
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
Little Village A gift from one family to another. littlevillagehq.org 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
Reflections and what next? Your ideas
Tea/Coffee Break
Our evidence feeds We work, with local into national partners, to campaigns 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 other 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 www.cawandsworth.org/crisis crisis@cawandsworth.org We are filming today’s conference. If you do not want to appear in the film, speak to the registration desk
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