Thursday, December 12, 2019
Home Letters Letters: DWP Decision Makers 'Personally Responsible' If They Fabricate Evidence

Letters: DWP Decision Makers ‘Personally Responsible’ If They Fabricate Evidence


In response to: Are DWP Decision Makers Submitting Fabricated Evidence To Appeal Tribunals?

Quote: Indeed according to G S Prince, Assistant Manager for JobCentre Plus at the Chippenham BDC (from a letter dated 3 December 2010):

“An individual decision maker … does not owe the appellant a legal duty of care and is not legally liable for any errors or omissions he may make.”

As a retired Welfare Rights Lawyer, and former Tribunal Member (Social Chamber) I totally disagree.

Decision Makers make decisions on behalf of the Secretary of State for Work & Pensions, Iain Duncan Smith, so the Secretary of State is legally liable.

However, if a Decision Maker knowingly fabricates evidence to present to a Tribunal, they would be personally responsible for that.

A Tribunal is a Court of Law and has the power to take evidence from both the claimant and Decision Makers. Uttering such false evidence would be tantamount to committing perjury.

Jim Allison


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