Tuesday 31st October 2017 – I Send My Request For A Judicial Review To Royal Courts Of Justice (re: Child Benefit 1st Claim)

I’m just throwing up a quick post, as I haven’t posted anything on here since the 2nd of September 2017. I’ve been focusing my energies on actively job hunting, and Tribunal issues. I’ve got so much to post on here when I get the chance, and will fill in the gaps when I can.

After losing my Child Benefit Appeal (1st claim) again on the 24th April 2017, (second time around), I again further appealed to the Upper Tribunal Office, and again lost.

When an appellant (me) has no legal help or expertise to draw upon, it is so incredibly difficult to try to formulate an effective argument, when I have to convince the Upper Tribunal that the First Tier Tribunal erred in law.  It has been pointed out to me, that it isn’t about arguing over the facts of the case.

So, this is the legal matter that has preoccupied me for the last month.   The DECISION NOTICE  from the Upper Tribunal listed 2 possible routes for me to pursue:

  1.  Apply to SET ASIDE the Upper Tribunal Decision.
  2.  Apply for a Judicial Review.

I’ve been waiting for Bar Pro Bono to find someone to assist me, since Khalid Mahmood MP referred me to them a year and a half ago.  Periodically, Bar Pro Bono ask me if I still require assistance, I confirm that I do, and they assure me that they continue to search.

I’ve tried several other avenues too: CAB (who managed only to book me a free 15 minute phone call with “Greens Solicitors”, but who actually don’t deal with Judicial Reviews for Child Benefit, or advise on Child Support maintenance appeals); Birmingham Pro Bono/FLAG; Birmingham Settlement; Royal Courts of Justice Personal Support Group; Birmingham Personal Support Group; none of these would assist me!

Birmingham Law Centre told me I must phone them at 9am on Tuesday mornings to try to get appt for that Thursday. But alternate Tuesdays I have my “signing on” appts, and I had to try and get this one done ASAP, as I’ve already exceeded the 16 day time limit.

I did manage to get the claim form in for this Judicial Review within the 16 day time limit, and I stated that I’d list my grounds etc….as soon as I was able to.  A few days later, I sent my grounds etc…

But the Royal Courts of Justice sent my claim back to me, as it lacked detail, and I hadn’t completed it properly (never done one before, and got no legal help). A few days later I received my grounds back in the post too.

I have used 3 ink cartridges printing off my application and copies for this JR. I’ve done the best that I can, and hope they don’t bounce it back to me again, as I’ve prioritised this above everything else (apart from job hunting, and other necessary activities) over the last month.

I sent it off via Special/Guaranteed delivery this afternoon.  Fingers crossed…..

Posted in 1st Child Benefit Appeal, BarProBono, Child Benefit, HMCTS, HMRC, Judicial Review, Legal, Member of Parliament, Royal Courts Of Justice, Slowly rotting, The Upper Tribunal Office (Administrative Appeals Chamber), Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , ,

Saturday 2nd September 2017 – Had Another Hell Of A Day, Trying To Buy 38H to 42J Bra

Day 2 of trying to buy a comfortable supportive bra.

I hate clothes shopping, and only do it out of necessity, and for functionality.  I have got approval to buy interview clothes, but I really need a new bra, and footwear with a negative heel that can accommodate orthotic insoles, as my feet need to pronate outwards more, as I have knock-knees, and foot/knee/hip pain, (as the footwear from Orthotic Dept at Royal Orthopaedic Hospital is unwearable).

I arrived in Birmingham City Centre just before 9am, and tried in the market first, no luck. Then I quickly popped into Sports Direct, no negative heel footwear, and nothing comfortable that could easily be modified.

Then I went to Debenhams, and was fitted/measured as 38H by “A”. She helped me as much as she could, fetching all kinds of bras for me to try. Nothing was perfect. There’s a huge selection of bras there, but I wanted (ideally) seamless cups, not lacy as it irritates me, and just comfortable to wear. Very little choice for large-bosomed ladies, that want comfort and support without lace or irritation.  In the end, and out of desperation, I bought a two pack of bras 38H, the cups were lovely and seamless, but with a bit of a lace trim. My boobs haven’t got a gap between them like the bras have, so I’ll wear them for a bit longer at home, to see if I can tolerate wearing them, otherwise, they’ll have to go back.

I tried a couple of shoe shops, but nothing comfortable or with a negative heel.

I walked to Bravissimo in Cannon Street, which is the main reason I went into Birmingham today. I was so disheartened by now, that as soon as assistant “S” started talking to me in the changing/fitting room, I burst into tears. “S” was lovely, she said I wasn’t the first woman to burst into tears trying to find a comfortable bra. “S” scurried back and forth, I tried wired, non-wired, sports bras, even bikini tops. I was there for ages, & measured as 40H. I wasn’t happy with anything. In the end, the least worst option was 40H wired, with comfy cups, but the bra was digging in my stomach. I took it upstairs, still unsure whether to buy it or not. I started crying again at the till, and talked to another lovely lady on the till. I decided against buying it, because if it’s already uncomfortable to wear after a few minutes, it wouldn’t get any more comfy if I wore it all day. The lady on the till looked on-line, and suggested RigbyandPellar (London), and also one other made-to-measure company. She also suggested “Yours” in the Bullring.

The staff at Bravissimo were as helpful and kind as possible, but I was let down by the lack of choice of a simple, comfortable bra, for my size and needs.

Feeling depressed & miserable, and trying hard not to cry or get emotional, I made my way back to the Bullring, and found “Yours”. I tried on several bras. Even though they stock a bra collection that is only a fraction of the variety at Debenhams and Bravissimo, I found the best bra yet! 42J, 100% polyester, no lace, no bells and whistles, and the most comfortable one thus far, £17.99

Unfortunately, this range starts at size 42, so on the tightest fastening, it might be a bit loose, especially if it stretches with wear. But I bought it, then made my way out of Birmingham as quickly as possible, too hectic for me. My feet killing…..

Got back home mid-afternoon. New bra is washed and hanging on line, to wear tomorrow, for proper test of comfort. Fingers crossed.

Incredibly disappointed that for a city the size of Birmingham, with its fair share of heavy-bosomed ladies, there’s almost fuck all by the way of choice for a simple, comfortable, supportive bra.

Posted in Health, Slowly rotting, Uncategorized | Tagged , , , , , , , , , , , , , ,

Bank Holiday Monday 28th August 2017 – I’m Completing Application Form, To Request That The Upper Tribunal Office “Set Aside” Child Benefit (1st Appeal) of 24/4/17

Yes, it’s a nice summer day, with lawnmowers humming in nearby gardens. And I’m stuck inside applying for permission to Appeal to The Upper Tribunal, to get the Decision of the ChB 1st Appeal “Set Aside”.  I’m seriously annoyed…….

Posted in 1st Child Benefit Appeal, Child Benefit, HMCTS, HMRC, Legal, Slowly rotting, Uncategorized | Tagged , , , , , , , ,

Monday 28th August 2017 – I Phone 0121 464 2001, Birmingham City Council’s Automated Telephone Payment System, & Pay £64.14

This is my first post since 6th July 2017, I’ll endeavour to fill in the gaps as and when I can.

I rang 0121 464 2001, Birmingham City Council’s Automated Telephone Payment System this morning, and paid £64.14 to cover the last two weeks’ non-dependent charge, and empty bedroom tax.

Posted in Birmingham City Council, Housing Benefit, My Local Council, Rent, Slowly rotting, Uncategorized | Tagged , , , , , ,

Tuesday 15th August 2017 – Same Judge Refuses To “Set Aside” Her Decision of 24/4/17 (Child Benefit 1st Appeal)

Today I received a DECISION NOTICE from HMCTS (dated 13th Aug 2017). The same Judge that heard my ChB 1st Appeal on 24th April 2017 has refused to “Set Aside” her Decision, and has also refused me permission to appeal to the Upper Tribunal Office.

So now I must apply directly to the Upper Tribunal Office myself!

This is the exact wording of this Judge’s DECISION NOTICE:

The Appellant has applied for permission to appeal to the Upper Tribunal against the decision of the First-tier Tribunal issued on 24/4/2017.

No review/permission refused.

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. 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. 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 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).


The Tribunal consisted of just one person – the Judge. Having criticised the rationale of this Judge, it is then this same Judge that refuses to “Set Aside” her Decision of 24/4/17, and refuses me permission to Appeal to the Upper Tribunal!  Why is the same Judge allowed to handle my “Set Aside” & UTO appeal request? If she’d done so, she would have been criticising her own original decision-making and incompetence. Where’s the oversight in all of this?

Posted in 1st Child Benefit Appeal, Child Benefit, HMCTS, HMRC, Legal, Slowly rotting, The Upper Tribunal Office (Administrative Appeals Chamber), Uncategorized | Tagged , , , , , , , , , , , ,

I Request A “Set Aside” of Decision Of Child Benefit (1st Appeal) Heard on 24th April 2017, & Also Permission To Appeal To the Upper Tribunal

This Appeal was first heard on 1st May 2015. The UTO (Upper Tribunal Office), subsequently “Set Aside” the FTT (First Tier Tribunal) Decision, and it was then heard at a fresh First Tier Tribunal on 24th April 2017.  I lost again.  So today, I sent this to HMCTS:

I formally request that the Decision of 24th April 2017 be “Set Aside”. 
If you decide not to “Set Aside” the Decision, I hereby request permission to Appeal to the Upper Tribunal.
I am extremely disappointed with the FTT Decision, especially as the Upper Tribunal has already bounced it back once already.
Today’s Judge and 1st Respondent  (HMRC’s representative) verbalised that there is a difference between living with someone, & staying with someone. 
Yet even now, after yet another Tribunal Hearing, the Tribunal wrongly concluded that my daughter was living with her father [2nd Respondent]  for the period 1st August 2013 to some point during the second week of April 2014.
In the signed and dated response from [my Ex], to HMRC, dated 24th December 2013, [my Ex] wrote “N/A” (not applicable), and drew a line through the segment that asked: “Do they live with you some of the time?”
[My Ex] didn’t say that our daughter lived/stayed at her then-boyfriend’s house for 3 nights per week on average, as [my Ex & his girlfriend] have subsequently claimed at Tribunal.
I accept that as [our daughter] has provided contradictory evidence, that today’s Judge cannot rely on [our daughter’s] evidence.
As I have previously confirmed, I have never actually met [our daughter’s then-boyfriend’s mother]. [My Ex] has also confirmed that I’d never met [her then-boyfriend’s mother], (he was telling the truth for once).
The first time I actually ever spoke to [her then-boyfriend’s mother] on the phone was when she rang me on 22nd November 2016, after I’d written to her, saying I’d reluctantly have to apply for a witness summons if she didn’t respond. [Her then-boyfriend’s mother] then sent a letter to HMCTS, and I received a copy. [Her then-boyfriend’s mother] is a solicitor, she would have no reason to lie or offer  false evidence, as I’ve never met her or known her personally, [I listed her on-line profiles, for the benefit of the Judge].
It is  [her then-boyfriend’s mother]  – admired, respected, long serving solicitor, who I’ve never met – that wrote directly to HMCTS on 25th November 2016 (stamped as received by HMCTS on 30th November 2016), confirming in her letter that [my daughter] had “moved into” [her then-boyfriend’s & mother’s] home in July 2013. 
[Her then-boyfriend’s mother] also confirms that as far as she was aware, my daughter received no financial support from her father.
[Her then-boyfriend’s mother] also confirms that “[my daughter] continued to live with [her & her son] until around April 2014, when she went back to live with her father”.
[My Ex & his girlfriend] offered no evidence of the fictitious sums of money they fraudulently insisted they gave [our daughter].
They gave verbal evidence separately, clearly having already concocted plausible amounts of cash they supposedly freely handed to [our daughter] regularly. 
[My Ex & his girlfriend] have lied and presented false evidence throughout. 
[Today’s] Judge attached more weight to [My Ex & his girlfriend’s] false, unsupported, evidence, than she did to the neutral and honest evidence of a leading solicitor, who had welcomed [my daughter] into their home from some point in July 2013 up to some point during the second week of April 2014.
The only “evidence” that  [my Ex & his girlfriend] have offered, apart from their own contemptible testimonies and written lies, are letters/statements sent to [their address]. I’ve already counteracted this “evidence”. 
FACT is, that [our daughter] lived with [her then-boyfriend & his mother], and that I contributed financially (only some of which is provable).

Unlike [my Ex], I was able to show some of what I’ve given to, or spent on [our daughter], though not all. 

FACT is, [our daughter] neither lived with [my Ex], nor was in any way supported by [my Ex & his girlfriend] for the period in question.
Clearly the Decision of 24th April 2017 is a breach of the rules of natural justice, and it does not give proper findings of fact.
Furthermore, today’s Judge, and some of the previous Judges involved with this case, have repeatedly declined to order many of the Directions I’ve requested. 

throughout this period.

In point 25 of today’s Judge’s FINDINGS & REASONS, she justifies the refusals to grant the Directions I’ve requested, citing Upper Tribunal Judge’s comments. 
However, there clearly is scope within the Tribunal system to request Directions, especially if the results would be pertinent (reasonable & proportionate) to the case. HMRC has never justified its utter incompetence, its failure to directly contact [my daughter’s then-boyfriend’s mother], at any point over the last few years.
1st Respondent (HMRC’s representative) told today’s Judge that HMRC would have ignored [my daughter’s] request to update her address/details when [my daughter] had phoned HMRC on 21st November 2013, as [my daughter] was not the claimant (ChB claimant) for this period!
[My daughter] actually rang HMRC on 21st November 2013 on 0845 915 7006, to update her address/details, as she’d been living at [her then-boyfriend’s & mother’s] house since July 2013. [My daughter] rang HMRC’s National Insurance/Registrations (I believe), NOT Child Benefit!   At 2:3?pm on 21st November 2013, [my daughter] rang me to tell me she’d just phoned HMRC on 0845 915 7006, and she’d updated her address to [her boyfriend/mother’s].
Either way, HMRC should have updated [my daughter’s] address to [her boyfriend/mother’s] address. It was only at this Tribunal on 24th April 2017 that HMRC’s representative announced that HMRC would have ignored [my daughter’s] new evidence/updated address!  Truly shocking!
Not only are HMRC disinclined to establish concrete facts, but HMRC wilfully ignore and disregard evidence when they are contacted directly!
At the heart of this Appeal is where my daughter lived July 2013 to mid-April 2014. [Today’s] Judge has failed to weigh up the evidence adequately. [My Ex & his girlfriend] have consistently lied, and HMRC has never contacted [my daughter’s then-boyfriend’s mother] directly.  [My daughter’s then-boyfriend’s mother’s] recent letter (Nov 2016) confirmed [my daughter] lived at [boyfriend’s/mother’s address] for the period. 
Once HMCTS has established the FACT that [my daughter] lived at [her then-boyfriend/mother’s] address, then [my Ex & his girlfriend’s] other frivolous lies would have been treated with the disdain/lack of merit they deserve.  
Posted in 1st Child Benefit Appeal, Child Benefit, Fraud, HMCTS, HMRC, Legal, Slowly rotting, The Upper Tribunal Office (Administrative Appeals Chamber), Uncategorized | Tagged , , , , , , , , , , , , , , , , , , ,

Thursday 6th July 2017 – I Continually Have To Explain My Health Issues To Prospective Employers, Due To Lack Of Help To Access Health Investigations/Treatments From DWP & Others (JSA 3rd claim)

I continue to actively jobseek. I do actually want to work. I actually want a career, and to better myself.

But how many employers would be minded to employ me, when for the last month (it’s only just stopped, apart from a dot) I lost huge quantities of blood/clots, and when my sanitary towel can flood in less than a minute. This means I wouldn’t be able to attend a job interview when my blood loss is at its heaviest.

For some of the jobs I apply for, I am asked to list any reasonable adjustment, and why I may need the employer to make any reasonable adjustment, to enable me to attend interview.

Can you imagine how I feel having to list this?

I have been asking the DWP and others for help for years to help me attend medical appointments I’m most stressed about. But I get zero help. So my health issues worsen, as they’re not investigated, or treated. It worries me sick.

If I had the help I’d been asking for, for years, I’d be much more employable. “Access To Work” won’t help me. When I get the time, I’ll dig out my notes from my 1st PIP Tribunal in 2015, where the female Judge looked away as though with sniffy disdain/disgust/incredulity as I gave some of my answers, and where I was mortified to be there, trying to explain my health issues, in front of 2 men (as well as 2 women). The male panel member also looked equally unsympathetic/incredulous. I’d had no legal help, and no-one to take with me.

Posted in 1st PIP Claim, 3rd JSA Claim, Access To Work, DWP, Health, HMCTS, Jobseeker's Allowance, Personal Independence Payment, Slowly rotting, Uncategorized | Tagged , , , , , , , , , , , , , , , ,