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1127258

	registered interest
	date	16/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Personal Independence Payment: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 10 May (HL15362), if such data on the waiting times for appeal hearings on Personal Independence Payment claims are not held centrally and could only be provided at disproportionate cost, how they determine whether (1) claims are being dealt with in a timely manner, and (2) the resources allocated to deal with appeals are adequate to meet the backlog of appeal claims.
	tabling member printed	Lord Scriven
	uin	HL15811
	answer	answer is ministerial correction date of answer 31/05/2019 answer text <table><tbody><tr><td><p>HM Courts &amp; Tribunals Service (HMCTS) closely monitors waiting times. However, HMCTS does not keep data on waiting times within the specific and localised timeframes cited in the earlier question, answered on 10 May (HL15362), to which this question refers – namely, (1) up to six months, (2) six to 12 months, (3) 12 to 24 months, and (4) over 24 months. Information about volumes and waiting times for Personal Independence Payment (PIP) appeals is published by the Ministry of Justice in the Tribunals and Gender Recognition Certificate Statistics Quarterly. HMCTS receives a bi-annual forecast of expected appeals from the Department for Work and Pensions (DWP) and that informs our resourcing plans as well as informing judicial recruitment. Additional fee-paid judicial office holders have been recruited: 250 judges across the First-tier Tribunal, 118 disability qualified members and up to 232 medical members. In addition, more PIP appeals are being listed per session and case-management “triage” sessions have been introduced, with the aim of reducing the time taken for appeals to reach final determination. All these measures will increase the capacity of the tribunal, with the aim of reducing waiting times for appellants.</p></td></tr></tbody></table> answering member printed Lord Keen of Elie question first answered 31/05/2019 11:15:22 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4333 label Biography information for Lord Scriven

1130258

	registered interest
	date	05/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Personal Independence Payment: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what is the current mean waiting time for Personal Independence Payment appeals; how that differs from the mean waiting time for the previous year; and, if the mean waiting time has risen compared to the previous year, what are the reasons for that rise.
	tabling member printed	Lord Scriven
	uin	HL16119
	answer	answer is ministerial correction date of answer 20/06/2019 answer text <p>The information requested is set out in the table below:</p><table><tbody><tr><td colspan="2"><p>Current and comparative mean waiting times<sup>1</sup> for Personal Independence Payment (PIP) appeals</p></td></tr><tr><td><p>October – December 18<sup>2</sup></p></td><td><p>31 weeks</p></td></tr><tr><td><p>October – December 17</p></td><td><p>25 weeks</p></td></tr></tbody></table><p>1. Waiting time is interpreted as average clearance time - time taken from appeal receipt to outcome.</p><p>2. The latest period for which data are available</p><p>The volume of appeals against decisions on PIP has built up since it was introduced as a new benefit, incrementally over time, from 2013. As the number of appeals has increased, so has the average waiting time for an appeal outcome.</p><p>Waiting times are calculated from receipt of an appeal to its final disposal. An appeal is not necessarily disposed of at its first hearing. The final disposal decision on the appeal may be reached after an earlier hearing had been adjourned (which may be directed by the judge for a variety of reasons, such as to seek further evidence), or after an earlier hearing date had been postponed (again, for a variety of reasons, often at the request of the appellant). An appeal may also have been decided at an earlier date by the First-tier Tribunal, only for the case to have gone on to the Upper Tribunal, to be returned once again to the First-tier, for its final disposal.</p><p>Waiting times can fluctuate temporarily and geographically, owing to a number of variable factors, including volumes of benefit decisions made locally, availability of medical/disability members, venue capacity and the complexity of the issue in dispute. Any disparity in waiting times is monitored and investigated locally.</p> answering member printed Lord Keen of Elie question first answered 20/06/2019 16:55:12 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4333 label Biography information for Lord Scriven

1141180

	registered interest
	date	22/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Personal Independence Payment: West Yorkshire
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government (1) how many, and (2) what percentage of, Personal Independence Payment Appeals have been successful in West Yorkshire in the last 24 months.
	tabling member printed	Lord Scriven
	uin	HL17363
	answer	answer is ministerial correction date of answer 02/08/2019 answer text <p>The information requested is set out in the table below.</p><table><tbody><tr><td colspan="3"><p><strong>Number and percentage of Personal Independence Payment (PIP)</strong><sup>1</sup><strong> appeals decided in favour of the appellant in West Yorkshire</strong><sup>2</sup><strong> in the last 24 months for which data are available. </strong></p></td></tr><tr><td><p> </p></td><td><p>No of Decisions in Favour<sup>3</sup></p></td><td><p>% Decision in Favour<sup>4</sup></p></td></tr><tr><td><p>April 2017 to March 2019</p></td><td><p>4878</p></td><td><p>65%</p></td></tr></tbody></table><p> </p><p><sup>1</sup>PIP (New Claim Appeals), which replaced Disability Living Allowance was introduced on 8 April 2013, also includes Disability Living Allowance Reassessed cases.</p><p><sup>2</sup>Social Security and Child Support (SSCS) data are recorded by the office that dealt with the case, and if the case went to oral hearing, the location of the tribunal hearing, normally the hearing venue nearest to the appellant’s home address. Cases relating to West Yorkshire are attributed to the following SSCS venues: Bradford, Leeds, Huddersfield and Wakefield.</p><p><sup>3</sup>Decisions in favour - those cases where the original decision is revised in favour of the appellant.</p><p><sup>4</sup>Percentage in favour calculated as the number in favour as a percentage of those cleared at a tribunal hearing. Cases cleared at hearing include some withdrawals.</p><p>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 that are available. These data may differ slightly from those in the published statistics as these data were run on a different date.</p> answering member printed Lord Keen of Elie question first answered 02/08/2019 12:16:22 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4333 label Biography information for Lord Scriven

1141181

	registered interest
	date	22/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Personal Independence Payment: West Yorkshire
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what assessment they have made of reports that people in West Yorkshire have waited over 100 weeks for their Personal Independence Payment appeal hearings; and, if there is such a backlog, why.
	tabling member printed	Lord Scriven
	uin	HL17364
	answer	answer is ministerial correction date of answer 02/08/2019 answer text <p>For the period 1 April 2018 to 31 March 2019 (the latest period for which data are available) there were a total of 57<strong><sup>1</sup></strong> appeals where people in West Yorkshire<strong><sup>2</sup></strong> waited more than 100 weeks for their Personal Independence Payment (PIP)<strong><sup>3</sup></strong> appeal hearing. This represents 1.5% of the total number of cases cleared at hearing.</p><p> </p><p><sup>1</sup>Data includes cases cleared at a Tribunal hearing. A Social Security and Child Support (SSCS) appeal may be captured more than once as a hearing should the original decision be overturned, set aside or an Upper Tribunal re-hearing is granted. The data are based on the time from receipt in HM Courts &amp; Tribunals Service (HMCTS) to the last decision within the period.</p><p><sup>2</sup>SSCS data are recorded by the office that dealt with the case, and if the case went to oral hearing, the location of the tribunal hearing, normally the hearing venue nearest to the appellant’s home address. Cases relating to the West Yorkshire region are attributed to the following SSCS venues: Bradford, Leeds, Huddersfield and Wakefield</p><p><sup>3 </sup>PIP (New Claim Appeals), which replaced Disability Living Allowance was introduced on 8 April 2013, also includes Disability Living Allowance Reassessed cases.</p><p><sup>4</sup>Percentage exceeding 100 wks. is based on the number of cases cleared in over 100 weeks as a percentage of those cleared.</p><p>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 that are available. These data may differ slightly from those in the published statistics as these data were run on a different date.</p><p> </p><p>It is important that appeals are heard as quickly as possible. HMCTS recognises there are delays in the system and it is in the process of recruiting more judicial office holders in order to increase capacity and help to reduce waiting times for appellants. This includes 250 judges across the First-tier Tribunal, 125 disability qualified members and up to 230 medical members.</p><p> </p><p>In addition, HMCTS has recently launched a new digital service with a view to enabling speedier processing of appeals. Information on the new digital service can be found at: www.gov.uk/appeal-benefit-decision/submit-appeal.</p><p> </p><p>HMCTS is also working with the Department for Work and Pensions to understand what could be done to reduce the number of appeals being submitted to the Tribunal, through their focus on improving decision-making and the mandatory reconsideration process.</p> answering member printed Lord Keen of Elie question first answered 02/08/2019 12:16:53 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4333 label Biography information for Lord Scriven

1175301

	registered interest
	date	23/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Personal Independence Payment: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	Her Majesty's Government what is the longest wait in days for each Job Centre Plus District for people waiting for an appeal hearing for Personal Independence Payment.
	tabling member printed	Lord Scriven
	uin	HL772
	answer	answer is ministerial correction date of answer 05/02/2020 answer text <p>The information requested is not held centrally.</p> answering member printed Lord Keen of Elie question first answered 05/02/2020 15:04:00 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4333 label Biography information for Lord Scriven

1176631

	registered interest
	date	05/02/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Personal Independence Payment: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what information they hold centrally on Personal Independent Payment appeal waiting times.
	tabling member printed	Lord Scriven
	uin	HL1383
	answer	answer is ministerial correction date of answer 19/02/2020 answer text <p>HM Courts and Tribunals Service records, and publishes, information about <em>clearance</em> times for appeals to the Tribunal. Clearance times are calculated from receipt of the appeal to the final disposal decision. The final outcome of any appeal is not necessarily achieved at its first hearing (i.e. waiting time for a Tribunal). The final disposal decision may be reached after an earlier hearing had been adjourned (which may be directed by the judge for a variety of reasons, such as to seek further evidence), or after an earlier hearing date had been postponed (again, for a variety of reasons, often at the request of the appellant). An appeal may also have been decided at an earlier date by the First-tier Tribunal, only for the case to have gone on to the Upper Tribunal, to be returned once again to the First-tier, for its final disposal.</p><p>Social Security and Child Support (SSCS) appeals are listed into the hearing venue nearest to the appellant’s home address and statistics are collated according to the venue where the case is heard. Clearance times for Personal Independence Payment (PIP) appeals by SSCS venue are held centrally, as are overall waiting times. For the period June to September 2019, the latest period for which data are available, the average overall clearance time for a PIP appeal was 30 weeks.</p> answering member printed Lord Keen of Elie question first answered 19/02/2020 14:29:45 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4333 label Biography information for Lord Scriven

1260467

	registered interest
	date	10/12/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prosecutions: Coronavirus
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what safeguards they have put in place to ensure equitable outcomes for prosecutions using the single justice procedure introduced during the COVID-19 pandemic.
	tabling member printed	Lord Scriven
	uin	HL11377
	answer	answer is ministerial correction date of answer 22/12/2020 answer text <p>No additional safeguards have been put in place for Single Justice Procedure cases due to the COVID-19 pandemic. A case dealt with under the Single Justice Procedure is dealt with in the same way as any other case, except that a single magistrate can deal with it (rather than two) and the hearing need not be in public. Therefore, the magistrate must comply with the same legislative safeguards as all other proceedings, and the Sentencing Council Sentencing Guidelines apply in the same way.</p><p>In addition, the Single Justice Procedure has a number of further safeguards in place. All defendants can veto the procedure and insist on a hearing in open court. In addition, the magistrate can decide to refer the case to open court if they deem the case is not appropriately dealt with using the Procedure. As with any conviction and sentence by a magistrates’ court, the defendant has the right of appeal against conviction and sentence to the Crown Court.</p><p>If a defendant was unaware of the proceedings they are entitled to make a statutory declaration which revokes the conviction and recommences the proceedings.</p> answering member printed Baroness Scott of Bybrook question first answered 22/12/2020 16:42:13 answering member 4553 label Biography information for Baroness Scott of Bybrook
	tabling member	4333 label Biography information for Lord Scriven

1378722

	registered interest
	date	15/11/2021
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Children in Care: Mental Capacity
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many Deprivation of Liberty orders were issued each month since July to individuals in care who were under 16 years old.
	tabling member printed	Lord Scriven
	uin	HL4043
	answer	answer is ministerial correction date of answer 29/11/2021 answer text <p>The Ministry of Justice does not collect data on the number of deprivation of liberty orders in relation to individuals in care who were under 16 years old.</p><p>Applications for deprivation of liberty orders can be made by local authorities when they need to accommodate a child in a non-secure placement. Cafcass – the Children and Family Court Advisory and Support Service – collect the data on these applications from local authorities and 164 deprivation of liberty applications were made in the period 1 July – 31 October 2021.</p> answering member printed Lord Wolfson of Tredegar question first answered 29/11/2021 17:39:50 answering member 4901 label Biography information for Lord Wolfson of Tredegar
	tabling member	4333 label Biography information for Lord Scriven