Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many of the 2,229 employment support allowance appeals to the First Tier Tribunal in (a) October, (b) November and (c) December 2018 that were cleared without a hearing were (i) withdrawn by the appellant, (ii) conceded by the Department for Work and Pensions, (iii) struck out and (iv) superseded.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Information about outcomes for Employment and Support Allowance (ESA) appeals to the First-tier Tribunal (Social Security and Child Support) (SSCS) is published at:
www.gov.uk/government/collections/tribunals-statistics.
Latest figures for ESA (Between April 2014 – September 2018) indicate that 3.9m ESA (post WCA) decisions have been made, of these 8% have been appealed and 4% have been overturned.
The data requested which are available (HM Courts & Tribunals Service does not record a “conceded” outcome) are set out in the table below.
Benefit | Outcome Type | Oct 18 p | Nov 18 p | Dec 18 p |
Employment and Support Allowance 1 | Withdrawn | 201 | 193 | 114 |
Struck out | 8 | 9 | 2 | |
Superseded | 632 | 651 | 419 |
1 Data includes Employment and Support Allowance (ESA) and Incapacity Benefit reassessment. ESA was introduced in October 2008 and Incapacity Benefit reassessment followed in October 2010.
p Provisional data subject to change.
An SSCS appeal may be captured more than once as a hearing or non-hearing should the original decision be overturned, set aside or an Upper Tribunal re-hearing is granted.
Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale case management system and are the best data available.
The data provided are the most recent available and for that reason might differ slightly from any previously published information.
Data are taken from a live management information system and can change over time. Data provided are internal Management Information and are not published.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, which Government departments his Department has consulted as part of the post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The Lord Chancellor has confirmed that we shall conduct an evidence-based review of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, assessing the changes to legal aid provision against their original objectives.
As part of the review process, we have been engaging with a number of Government departments to fully ascertain the impact of LASPO. This includes the Home Office, the Department for Education, the Department for Work and Pensions and the Ministry for Housing, Communities and Local Government. This is currently ongoing and will continue following the publication of the review, as we look towards the future of legal support.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he plans to publish the post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The Government remains committed to publishing the findings of the post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by the end of this year.
The evidence gathering phase of the review concluded at the end of September and we are currently considering the evidence submitted. During the evidence gathering phase we have engaged over 80 individuals and organisations. This process of consideration and engagement with interested parties also represents an opportunity for the Government to consider what the future of legal support should look like.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the effect on access to justice of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The Government is currently undertaking a post-implementation review of the impact of the legal aid changes made under Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) and remains committed to publishing the findings by the end of this year.
The post-implementation review will assess the extent to which LASPO targeted legal aid to those who need it most – which was one of the objectives set out at the time of the reforms.
It is right that we take time to review the evidence gathered from our engagement with experts and interested parties from across the field, to establish the impact of the changes.
We are using this opportunity to inform our wider consideration on the future of legal support in the justice system.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many applications for judicial review have been (a) made and (b) successful in respect of Children Act 2004 responsibilities in each local authority in England in each of the last five years.
Answered by Caroline Dinenage
HMCTS does not collect data to the level of detail required to identify local authorities or social service authorities, or applications in respect of the Children Act 2004. The information can only be collated at disproportionate cost.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many applications for judicial review have been (a) made and (b) successful in each social services authority in England in each of the last five years.
Answered by Caroline Dinenage
HMCTS does not collect data to the level of detail required to identify local authorities or social service authorities, or applications in respect of the Children Act 2004. The information can only be collated at disproportionate cost.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many applications for judicial review against local authorities in England related to those authorities' responsibilities under the Children Act 2004 have been (a) made and (b) successful in each of the last five years.
Answered by Caroline Dinenage
HMCTS does not collect data to the level of detail required to identify local authorities or social service authorities, or applications in respect of the Children Act 2004. The information can only be collated at disproportionate cost.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many times local authorities in England have been subject to a judicial review of section 17 of the Children Act 2004 in each of the last five years.
Answered by Caroline Dinenage
HMCTS does not collect data to the level of detail required to identify local authorities or social service authorities, or applications in respect of the Children Act 2004. The information can only be collated at disproportionate cost.
Asked by: Karen Buck (Labour - Westminster North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what change there was in the number of (a) mortgage and (b) landlord possession orders in each local authority between 2010 and 2015.
Answered by Shailesh Vara
The data is published quarterly at https://www.gov.uk/government/collections/mortgage-and-landlord-possession-statistics under ‘Mortgage and landlord possession statistical data (zip file).