Is Mandatory Reconsideration legal?

I questioned the legality of the system of Mandatory Reconsideration nearly a year ago on this blog.   It’s encouraging, then, to see a condemnation of the system by Sir Henry Brooke, a former Lord Justice of Appeal, and I’m grateful to David Webster for drawing attention to it (his briefing will be on the CPAG pages shortly).   Brooke describes DWP guidance on the operation of Mandatory Reconsideration as “an absolutely outrageous interference by the executive with the rule of law.”

2 thoughts on “Is Mandatory Reconsideration legal?”

  1. I know for a fact that even asking the DWP during the MR process, for the strength of medication and it’s side effects they cause be reconsidered after assessor wrongly lists it as moderate and DWP decision maker does it as well , they clearly ignore the evidence. e,g, Fentanyl 75mcg/PH patch is equal to about 200mg of morphine an hour . There are plenty other instances e,g, when they say you are mentally stable due to no significant change in anti depressant medication despite the fact you’r GP ensures you attend regular psychiatric / CPN appointments due to strength of Fentanyl mixed with anti depressants like Venlafaxine is extremely dangerous rather than changing anti depressants or dosages They are just two of many problems with the process.

    At the very least we should expect assessors to be up to date and knowledgeable on medications , if not at the very least, when asked the DWP decision maker should look again at the medication , it’s strengths and side effects .

    If these are ignored from the very start on initial claim form the patient / claimant has no chance.

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