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first tier tribunal and evidence breaching the data protection act

(3 Posts)
Nibledbyducks Fri 27-May-16 16:28:21

I'm hoping someone can help. I'm helping my friend with her PIP appeal. Her first hearing was adjourned because the DWP presented evidence on the day. Her CAB rep has gone off sick since then. Her second hearing is next Thursday. I've just gone through her paperwork and the evidence the DWP submitted is part of somebody else's appeal to the upper tribunal and has not been decided. It breaches data protection and has the persons name on it. Can it be used by the DWP 1; as the case has been concluded 2; as it breaches data protection. The information commissioners office has advised we complain to both them and the DWP about the breach.

Nibledbyducks Fri 27-May-16 16:29:02

Sorry as the case has not been decided!

Neffi Fri 27-May-16 16:43:05

Sometimes the DWP ask for cases to be "stayed" if there is an earlier case being decided on a similar point of law, which may affect many following appeals.

Or the earlier case was being argued on similar points and the upper tribunal have made a decision (created case law in effect) that affects your friends case. Then it can be used as reference in other tribunals.

I don't suppose either of these two scenarios apply?

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