Non-litigation remedies: complaints, appeals and investigations

Bookings remain open for this event, so please note:

• All sessions  are recorded for access to delegates after the live seminars
• If you book during the week of the event it may take up to 1 working day for us to process your booking – please be patient

An event to up skill  advisers, lawyers, policy people and researchers on the use of non-litigation remedies in public law, including complaints procedures, appeals, investigations and Ombuds schemes.  Areas of application include immigration / EUSS, welfare benefits, freedom of information and community care.  Warning: This course will likely contain references and discussion of litigation remedies.
Who should attend?

Advisers, paralegals, lawyers, policy people, researchers

Learning outcomes/Why should I attend?

Attendees will gain and improve knowledge of non-litigation remedies (complaints / appeals / investigations and Ombuds schemes) to assist their clients getting just outcomes.

How it’s delivered and ticketed

• The entire event is online, with all seminars recorded and available to delegates after the event.  Tickets purchased for the whole event get you access to every seminar. Discount tickets are for charities, NGOs, trainees and paralegals.
• If you just want to attend the FOIA / ICO seminar you can purchase a ticket just for that seminar here.
• If you just want to attend the welfare benefits fairness day, you can buy a ticket just for that, here.

Monday 7^th March

14.00-15.30 The impact of constitutional reforms across wider administrative justice system

This session will look at the impact of constitutional reforms, including reforms of judicial review and the Human Rights Act, on the administrative justice system beyond the high court, including tribunals, appeals and review processes and Ombuds schemes.

Lee Marsons, Public Law Project
Dr Sarah Nason, Bangor University
Prof Charlotte O’Brien, University of York
Greg O Ceallaigh, Garden Court Chambers
Katrin Shaw, Public Sector Ombudsman for Wales (PSOW)

Tuesday 8^th March

09.00 – 10.30 The EUSS, complaints to the Independent Monitoring Authority (IMA) & issues in the roll-out of digital decision making in immigration

Rhys Davies, Independent Monitoring Authority
Jo Hynes, Public Law Project
Kuba Jablonowski, University of Exeter
Aoife O’Reilly, Public Law Project

Rhys will outline the IMA’s approach to receiving and reviewing complaints concerning the rights of EU and EEA EFTA citizens and their family members, the IMA’s inquiry function and processes for resolving issues early with public authorities.

Aoife will introduce PLP’s EUSS Hub, and advise on actions that can be taken when an EUSS application is refused to achieve a remedy for a client, including when it might be appropriate to make fresh applications and avail of the administrative review process (non-litigation remedies) and to appeal the refusal and bring judicial review proceedings (litigation remedies).

Jo will look at digital reforms in immigration, focussing on the impact on vulnerable groups including their exclusion, lack of consultation on reforms and access to legal advice and representation.

Kuba will discuss performance of the EU Settlement Scheme based on statistical reporting, with a focus on the quality and efficiency of digital decision making.”

14.00-15.30 How to find what you’re looking for: Making the Freedom of Information Act and ICO work for you
NB: You can purchase a ticket just for this seminar, here.

Effective use of freedom of information law  is essential for  holding Government to account and ensuring transparency.  This session will introduce the basics of FOIA procedure, exemptions, getting the information you need and how to appeal the decisions of the ICO to the General Regulatory Tribunal.

Chair: Tatiana Kazim, Public Law Project
Nick De Mulder, Kingsley Napley
Peter Lockley, 11KBW

Thursday 10^th March: Fairness in welfare benefits training day
NB: You can purchase a ticket just for this day here.
Please also note that we are seeking to provide STTR for this day.

9.00 -10.30 Claimant Commitments
This session will cover getting the appropriate Claimant Commitment for your client, avoiding or challenging benefits sanctions including in the First Tier Tribunal.  The speakers will refer to PLP’s Claimant Commitment microsite and guides here.
Mat Ahluwalia, Garden Court Chambers
Martin Williams, Child Poverty Action Group (CPAG)

11.30 – 13.00 Challenging recovery of benefits overpayments and hardship payments
This session will explain the DWP’s current policy on waiving recovery of benefit overpayments, the impact that overpayment recovery has on claimant benefit awards and the steps that individuals can take to challenge this recovery. This will include a discussion on preparing effective waiver requests and the availability of judicial review as a remedy if a waiver request is refused.

Owen McCloskey, Law Centre Northern Ireland
Aoife O’Reilly, Caroline Selman, Emma Vincent Miller Public Law Project

14.00 – 15.30 Disability benefits and claimant rights: PIP, DLA and the First-tier Tribunal

Shirley will talk to PIP and DLA appeals in the first tier tribunal, negotiating with the DWP to lapse appeals prior to hearing, and the use of case law to win arguments. She will also look at case studies of PIP appeals in the Upper Tribunal.

Chair: Svetlana Kotova, Inclusion London
Shirley Hayes, Independent Adviser

Friday 11th March: Ombuds and social / community care

09.00 -10.30 Ombuds and upwards?

 Our panel will discuss the scope and effectiveness of Ombuds remedies in the wider context of administrative justice including:

•  Access to justice and accessibility of ombuds schemes
• What remedies are available to the ombuds and what positive outcomes can be achieved by referring cases, especially in terms of highlighting systemic issues.
• Potential reforms to Ombuds schemes, such as the proposal for a single Ombuds in England, and the development of Ombuds in devolved jurisdictions
• Ombuds use of discretionary powers to investigate where an alternative remedy exists but it is not reasonable to expect the individual have resorted to it.
• Challenging an Ombuds decision not to investigate
• What happens when a body fails to implement Ombuds remedies such as the ESA / DWP compensation issue.

Chair: Dr Chris Gill, Glasgow University
Prof Naomi Creutzfeldt, University of Westminster
Catriona Filmer, Access Social Care
Rebecca Hilsenrath, Director of External Affairs, Strategy and Communications, PHSO
Penelope Pearl, Discrimination Caseworker, Dorset Race Equality Council

14.00. -15.30
Effectiveness of Non-litigious remedies in community care

• Identifying common problem areas where early intervention in applying Care Act provisions can lead to remedial action that may avoid the need for litigation
• Early practical steps that can be taken to try and avoid fundamental mistakes being made in assessments, reviews, care planning and financial assessments
• The importance of accessing support and assistance
• Techniques for holding assessors/council representatives to account

Mitch Woolf, Access Social Care

You can purchase a ticket for Freedom of Information Act (FOIA)  / ICO seminar only by clicking this link. 

Or a ticket for  Welfare Benefits fairness training day 10 March only by clicking here. 

Please note that all bookings are manually processed by a member of our Events team. Please allow 2-3 business days to receive confirmation.

All joining instructions are sent the working day before the start of the course.

For any ticket queries, please email PLP Events.