Simon Collyer v Secretary of State for Work & Pensions Case D05YP632 - DWP Barrister Sucessfully Prevents Case Being Heard

A DWP Barrister stopped Simon Collyer's case being heard in the Chelmsford County Court; 26 October 2018. The government has cut the Legal Aid budget by one third and without legal represntaion in Court the DWP were able to use technical arguments to stop the case actually being heard. 

Deputy District Judge Rodger sitting in the County Court at Colchester, Falkland House, 25 Southway, Colchester, Essex, CO3 3EG - the case was actually heard at Chelmsford County Court - ordered the Clain struck out pursuant to CPR 3.4 (2)(g) and (b).

Power to strike out a statement of case

(2) The court may strike out a statement of case if it appears to the court –

                (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

                (g) This is interesting as there appears to be NO paragragh (g) 

Following this I wrote to the iPaper and the Guardian. This letter explains the case and my arguments. 

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I am a Millennium Award winner and my organization the - Association of Pension & Benefit Claimants CIC - has been the recipient of two BIG Lottery grants, the latter to start Work TV.

In a personal capacity, I sued the DWP recently and a hearing was held on Friday in Chelmsford County Court to decide whether or not the case should go forward. The DWP was represented by a government barrister. To cut the story short, I was offered a job just prior to Christmas 2016 in home improvement sales.  I do work from time-to-time to support our organization, that we call the ABC for short. (www.abcorg.net). My Jobcentre Plus Work Coach would not offer any financial support under the Flexible Support Fund as the job she said was self-employed.  The Company offered me no sales leads after I refused to go out and see customers just before Christmas in my first week, before a broken windscreen wiper linkage was fixed. I had also asked repeatedly when the advertised petrol expenses support would be paid. My manager did not seem to like that, and I felt I was being managed out of the business (an industry term) as I was given no sales leads in the New Year.   I just turned up for sales meetings for two months.

I took the Company to an Employment Tribunal and proved that I was a dependent worker and that I should be paid at least minimum wages. On my first day of work for Right2Improve Ltd in Chelmsford, I was photographed by a camera van in Chelmsford and fined for not having Road Tax. I had asked for DWP help for this item, but I had been turned down. Under the terms of the Claimant Commitment, a contract which is based on the Jobseekers Act 2012, a Bill that was introduced by Iain Duncan Smith - I was obliged in law to accept a job if it has been offered. I argued that it was a job, not a self-employed business opportunity. I also argued that my Work Coach, knowing that I would be breaking the law, should have issued a Job Seekers Direction telling NOT to take the job. I argued that as over 60% of DWP decisions are overturned at a tribunal, I could not take the risk of not taking the job as the DWP were looking for a reason to sanction people. The fines for committing a criminal offense, such as driving without Road Tax, are much less punitive than risking a Higher-Level sanction and being left with no money for several months - even if later at Tribunal I won my case. As a diabetic (2) I had just complained to the DWP Area Director, Carol Morris about the DWP stopping people’s money while they investigated issues such as this one, and I later received an apology.

The Company Right2Improve Limited were raided by the Essex Police and Oxfordshire Trading Standards and they and their sister Company EnviroSolar went into liquidation this summer. The judge on Friday 26th rejected hearing my case, however, I am concerned to hear that Esther McVey is threatening retaliation against a charity in Torbay for criticizing Universal Credit by stopping a BIG Lottery grant.  The ABC is just applying for a Digital Grant from BIG Lottery, to launch Work TV. The government should not be silencing its critics with threats of retaliation against those that speak the truth. Claimants should not be forced to break the law to take up a job, because the Tailored Support promised from the Flexible Support Fund by the Rt Hon. Iain Duncan Smith, is in reality just another piece of his fiction. 

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This sums it up. I broke the law by obeying the law. It was better to break the law and get a fine than get a Higher-Level sanction (13 to 156 weeks). Where even in the DWP investigated the matter - I could have my benefits stopped for a period. An appeal could take months and, in many cases, the DWP would not even turn up for the final hearing. I would not be paid any interest on the withheld money, and the DWP would benefit by not paying out my JSA, even if it was later proved that they were in the wrong.  

This case shows how skewed sanctions have become. Where being five minuets late for a meeting  could cost you more than being fined in Court. It also shows that how cuts to Legal Aid are helping the government by taking away the means for ordinary citizens to challenge, maladministration including, inept, dishonest and totally floored administration.  

It feels odd to lose in Court, when one has followed the law to the letter.  There is a campaign running to take back the common law courts to the common people. I guess we ought to support it. 

ABC Note: Simon has taken this case to the  Independent Case Examiner to see if they would take on this case. What is interesting is whether or not the decision to take ‘No Decision’ is in fact a decision? You need a decision to ask for a Mandatory Reconsideration. 

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