I welcome the progress that has been made in this area, because the committee received significant evidence that the introduction of mandatory reconsideration had resulted in a dramatic drop in appeals and that applicants found the system onerous.
However, I think that it is about more than simplifying the procedure, as the minister said. Many claimants do not realise that there is a two-stage process, and there is evidence that many applicants might give up. That is why we must consider seriously what will be the best way to ensure that applicants realise that there is a two-stage process in which they have to make two decisions—one about whether to appeal against the original decision and one in relation to the appeal.
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My primary concern is the dramatic reduction in the number of appeals following the introduction of mandatory reconsideration, although I realise that, under the bill, reconsideration will not be mandatory. The only statistics that we have show an 89 per cent drop-off between the mandatory reconsideration stage and the appeal stage. Reconsideration is the most significant feature of the system since its introduction, and it cannot be explained simply by adding an additional part to the process, as the Government proposes.
The purpose of mandatory reconsideration is to give the person an opportunity to present evidence against a decision for review without the need for a formal appeal process. I welcome the fact that, as we have previously discussed, the approach that the Scottish Government takes will, we hope, mean that people will benefit from more successful decisions being taken in the first instance and in the reconsideration process.
Judge Robert Martin, who is president of the social entitlement chamber of the First-tier Tribunal, said that mandatory reconsideration is based on a “false premise”, because
“prior to its introduction, DWP already considered every decision that went to appeal.”
It is significant that he said that the introduction of mandatory reconsideration was of “dubious advantage”, because the claimant had to make two applications,
“whereas under the old system they only had to make one.”
He went on to say that there was no real evidence to explain what has discouraged people from making an appeal.
Whatever happens with the amendments in the group, I urge the Government to think about whether it might be necessary to provide some further powers at stage 3, or to carry out further research, to make sure that the introduction of reconsideration does not lead to a drop-off in the number of people who appeal.
My amendments 33A, 193, 84, 194, 87A and 195 are designed to ensure that were a claimant to want to challenge a decision, they would be able to opt for an automatic appeal in the event that reconsideration was unsuccessful, thereby ensuring that it would be a one-stage process. I listened carefully to what the minister said at stage 1, and I agree that the system should be rights based, but my argument is that my proposals would mean that a person who was unsuccessful at reconsideration stage would have an automatic right to take that to appeal.
We must bear it in mind that many vulnerable claimants are put off by the brown envelope arriving through the door and do not know what to do. One of the features of my amendments is that the person would be notified that an appeal was pending, if they had opted for an automatic appeal, and should therefore seek representation. It is an important aspect of what the Government is proposing that the paperwork for the appeal will go automatically to the tribunal system. That represents significant progress.
It is a serious question whether the proposed process will ensure that more people will exercise the right of appeal. I might seek to withdraw amendment 33A and not move my other amendments; that will depend on what is said in the debate. However, I certainly ask the minister to ensure that the new support system will not prevent people from exercising their right to have an appeal on their case. At the moment, I am not satisfied that there is enough data to make that determination.
I move amendment 33A.