A Judicial Roll Call – Encompassing 5 Years of (mostly) Judicial Failure, re: My ChB 1st Appeal

[This is just a brief summary……..]

 

12th Dec 2013 – HMRC’s Child Benefit Office officially receive my new Child Benefit application (re: my daughter). I request backdating to 1st Aug 2013, as she moved into her then-boyfriend’s house during July 2013. Her dad was still claiming Child Benefit, but he wasn’t using the money to financially support her, whereas I was  helping to support her.

13th Aug 2014 – Judge Janet Ward issues a Directions Notice, adding my Ex as a Party To Proceedings.     [Fair enough]

23rd Sept 2014 – Judge Miss R. L. Campbell issues a Directions Notice, in response to me possibly wanting to pause my Appeal.   [Fair enough]

29th Oct 2014 – Judge S. D. Ennals issues a Directions Notice, directing me to provide proof that my daughter was living with me from 12/12/13 to present (29/10/14).  [I’ve never claimed  that my daughter resided with me for the material period of Aug 2013 to mid-April 2014! My daughter moved out of her dad’s house at some point in July 2013 into her then-boyfriend’s house, where she lived for 9 months until mid-April 2014, then she moved back into her dad’s house. She then briefly lived with a different boyfriend for a bit, then moved back into her dad’s house again.]

14th Nov 2014 – I formally request, in writing, that HMCTS issue several DIRECTIONS, to compel HMRC, College, Jobcentre, & others, to provide evidence that would support my claim.

21st Jan 2015 – Judge S. D. Ennals issues a Directions Notice, he writes:  “She [me] is reminded again that the issue in this appeal is whether she meets the conditions of entitlement to Child Benefit, from the date of her claim, or indeed for any period before that claim. It is not appropriate to issue the directions she seeks, as they are not likely to provide evidence to support her claim, whether or not they undermine the claim of [daughter’s]  father.”          [My daughter actually updated HMRC, her College, and the Jobcentre with her new address (then-boyfriend’s address) whilst she was living with boyfriend.   If Judge S. D. Ennals had actually issued the Directions I’d sought, they would have provided strong proof that would have supported my claim.]

1st May 2015 – Judge G. I. Marsh decides at this First Tier Tribunal to refuse my Appeal (ie I have lost). He writes in his Decision Notice:  “The appellant [me] is not entitled to Child Benefit for [daughter] on date of claim or any date before that. [Daughter] had not lived with her since the end of August 2011. She moved to live with her father who had claimed Child Benefit and was still receiving Child Benefit at the appellant’s date of claim.”   [Yep, this is because my Ex continued to claim Child Benefit, despite daughter not living with him, and he wasn’t using the money he obtained to support daughter].  The handwritten Record of Proceedings I subsequently received wasn’t totally legible.

13th Aug 2015 – Judge N. P. Sellar issues Decision Notice, in which he/she fails to “Set Aside” Judge G. I. Marsh’s FTT Decision of 1/5/15, & also refuses to grant me permission to appeal to the Upper Tribunal.

26th Nov 2015 – The Upper Tribunal Office officially receives my Application for permission & Notice of Appeal.

10th May 2016 – Upper Tribunal Judge Nicholas Wikeley issues Observations On Application For Permission To Appeal, Directions in which I’m asked to indicate whether I want my application to be ruled on as it stands, or to have extra time so that I may be able to obtain advice from BarProBono, & if so, how long.    [Fair enough]

4th July 2016 –  Upper Tribunal Judge Nicholas Wikeley issues Notice Of Determination Of Application For Permission To Appeal, Case Management Directions.  He also grants me permission to appeal, giving his Reasons.   [Jolly good!]

19th Sept 2016 – Elisa Collins (for the Commissioners of HMRC (Technical)) provides a very detailed and excellently considered submission to the Upper Tribunal, in which she submits that the FTT on 1/5/15 erred in law, & Elisa Collins (for the Commissioners of HMRC (Technical)) SUPPORTS MY APPEAL!          [Excellent news!]

9th Nov 2016 – Upper Tribunal Judge Nicholas Wikeley “Sets Aside” Judge G. I. Marsh’s FTT Decision of 1/5/15, concluding that the FTT erred twice in law!       [Superb!]

CB v HMRC and AE (CHB) [2016] UKUT 0506 (AAC)

https://assets.publishing.service.gov.uk/media/58340846e5274a702500001c/CF_3390_2015-00.pdf

30th Nov 2016 – HMCTS Birmingham receive written confirmation from my daughter’s then-boyfriend’s mother (a leading solicitor) confirming that my daughter resided with her then-boyfriend’s family for the material period (Jul/Aug 2013 to April 2014), that she wasn’t aware of daughter’s father providing any financial support to daughter, but that I did contribute to daughter financially.              [ This is the pivotal evidence that should have led to me winning my appeal. But subsequent Judges continued with their substandard and unjust decisions….]

7th Dec 2016 – Judge N. P. Sellar issues DIRECTIONS NOTICE.  It confirms the FTT Decision of 1/5/15 has been “Set Aside” by the Upper Tribunal.   Judge G. I. Marsh and Judge N. P. Sellar are both excluded from the future new FTT Appeal.       [Fair enough]

24th April 2017 –  Judge J. Verman at freshly constituted First Tier Tribunal FAILS/REFUSES to Allow/Grant my Appeal  [I lose again].  This is despite the pivotal written evidence from daughter’s then-boyfriend’s mother, in which she confirms that my daughter resided as part of her family for the material period!!!    Judge Mrs J. Verman soaked up my Ex’s lies as a simple sponge soaks up water…….

21st May 2017 – I request a STATEMENT OF REASONS, RECORD OF PROCEEDINGS, & word for word typed copy of RECORD OF PROCEEDINGS.

27th June 2017 – I receive Judge J. Verman’s STATEMENT OF REASONS & hand-scrawled RECORD OF PROCEEDINGS  (some of which is hard/impossible to read!).

23rd July 2017 – I formally request that Judge J. Verman’s Decision of 24/4/17 is “Set Aside”.   I thoroughly criticise Judge J. Verman’s reasoning. I also request permission to Appeal to Upper Tribunal if Judge J. Verman doesn’t set aside her Decision.

8th Aug 2017 – Judge J. Verman FAILS/REFUSES to “Set Aside” her Decision of 24/4/17, & also REFUSES me Permission To Appeal to the Upper Tribunal. Her DECISION NOTICE states:   “1. It is not appropriate to review the decision because I am not satisfied there is any error of law in the Tribunal’s decision. [There was only 1 panel member – Judge J. Verman].  The appellant states that she is extremely disappointed with the FTT decision, especially as the Upper Tribunal has already bounced it back once already. The Upper Tribunal decision at paragraph 30 states that there will need to be a fresh hearing of the appeal before a new tribunal. I should make it clear that I am making no finding, nor indeed expressing any view, on whether or not the mother is entitled to child benefit for [daughter] for the material period. In order to be granted permission to appeal the appellant must show that the tribunal made an error of law. It is clear that the appellant disagrees with the decision of the tribunal [sole panel member Judge J. Verman]. However, it is also clear that the reason she disagrees is because her view of the facts is different to that of the tribunal. The sole decider of the facts is the tribunal [sole panel member Judge J. Verman]  which has adequately explained why it has reached its decision.   2. Permission to appeal is refused. No arguable question of law is disclosed by the application – for the reasons set out above.”

29th Aug 2017 – I Apply for Permission & Notice of Appeal to the Upper Tribunal.

20th Sept 2017 – Upper Tribunal Judge Nicholas Wikeley REFUSES my application for permission to appeal.

31st Oct 2017 – I send my request for a Judicial Review (re: ChB 1st) to Royal Courts of Justice.  I’ve never done one of these before. As usual, I have no legal help whatsoever. Still, I’m quite proud of how I manage to put my application together.  Paperwork gets ping-ponged unnecessarily over the next few weeks, partly due to the antics of the Royal Courts of Justice Administrative Office.

9th Nov 2017 – I formally complain to HMCTS, as I’d requested a word for word typed copy of Judge J. Verman’s RECORD OF PROCEEDINGS for this Appeal more than 5 months ago. I wrote that “I believe it is incumbent on HMCTS to ensure that everything that HMCTS and the Judiciary produce, is clear to read by an Appellant (me). Due to the nature of the handwriting, not all of it is understandable.”

15th Jan 2018 – Judge J. Verman issues a rather abrupt DECISION NOTICE:     “The Record of Proceedings will not be typed. There is no suggestion that the Record of Proceedings is not readable in this case. Permission to appeal was refused on the 8/8/17.”          [Clearly, there is more than a suggestion that some of the Record of Proceedings is difficult/impossible to read, otherwise I wouldn’t have continued to press for a typed copy!  They may make perfect sense to Judge J. Verman, after all, she ought to be able to decipher her own handwriting. That does not mean that they are easily readable by anybody else!]

25th April 2018 – His Honour Judge Blackett REFUSES me permission to apply for a Judicial Review.  He gives the briefest of Reasons:

  1. There is no arguable case which has any prospect of success. The decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tribunal are not wrong in law. The Claimant simply disagrees with the decision and wishes to re-litigate: this is not the purpose of Judicial Review.
  2. The claim does not raise an important point of principle or practice and there is no other compelling reason to hear it.

CPR 54.7A applies to this case. By virtue of CPR 54.7A(8) the decision to refuse permission is final and rule 54.12(3) (request for reconsideration at a hearing) does not apply.

 

How on Earth can Judge Blackett say my claim doesn’t raise an important point of principle or practice, when for several years HMRC/Child Benefit Office (& the CSA) have consistently FAILED  to contact the family of my daughter’s then-boyfriend to establish the material living arrangements for the material period, by insisting they are prevented by law from contacting such a “third party”!!!

Also, my Ex was added to my Appeal as a Party, and received an appeal bundle. Yet because his own claim never made it to HMCTS, I never got to see the bullshit that he has been spinning to the Child Benefit Office over the last few years.  I maintain that my claim did raise important legal principles. I truly believe that British “Justice” has failed me.

[I might elaborate further, if I get the chance, I’ve got hundreds/thousands more posts to  write]

 

About slowlyrotting

I am constantly having to deal with several different benefits issues. I've got Appeals and Tribunals coming out of my ears, and have pretty much lost any faith I ever had in the British Justice/Tribunals system. I've lost count of the formal complaints I've had to make. I've had numerous interactions with the DWP, HMRC, Birmingham City Council, etc for years, so I've literally got several hundred posts (maybe thousands) to compose for this website. I can't post them to here as quick or as often as I'd like to, for a variety of reasons. Over the last few years, I have endured a conveyor belt of shit decisions from HMCTS. The piss-poor postal services that HMCTS, HMRC, Birmingham City Council, the DWP, & CSA rely on (bulk printing and several different carriers), compound the ineptitude of these departments and agencies. I intend to go back years, eventually. But at this rate, I don't think I'll ever get to post everything I want to. You can see from what I've put up so far that I've got a lot of crap to deal with. I'm probably not even 1% or 2% done. I am slowly rotting....................
This entry was posted in 1st Child Benefit Appeal, Child Benefit, HMCTS, HMRC, Judge G. I. Marsh, Judge Janet Ward, Judge Jeff Blackett - His Honour, Judge Miss R. L. Campbell, Judge Mrs J. Verman, Judge N. P. Sellar, Judge Nicholas Wikeley - Upper Tribunal, Judge S. D. Ennals, Judges, Judicial Review, Legal, Record of Proceedings, Royal Courts Of Justice, Slowly rotting, The Upper Tribunal Office (Administrative Appeals Chamber), Uncategorized and tagged , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

One Response to A Judicial Roll Call – Encompassing 5 Years of (mostly) Judicial Failure, re: My ChB 1st Appeal

  1. Pingback: Friday 22nd April 2016 – I Receive Response From Senior Review Manager “Lynsey Donkin” (Child Support Agency) | slowlyrotting.com

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