A damning new report has called for a complete overhaul of the Department for Work and Pensions' appeals process, urging officials to order fresh assessments for Personal Independence Payment (PIP) claimants who win their tribunal cases.
Fundamental Reform of a "Broken" System
The study, published by the think tank Policy Exchange, demands a fundamental reset of the system used for challenging PIP and Work Capability Assessment (WCA) decisions. Its central proposal is to transfer the controversial Mandatory Reconsideration stage away from the DWP and place it under the authority of the Ministry of Justice.
The report argues the current appeals framework has become a substitute for accurate initial decision-making. It wants the system redesigned to empower judicial caseworkers to correct DWP errors directly. This would include granting them the power to order fresh medical assessments where necessary, rather than simply overturning a decision.
Technology and Transparency Overhaul
To improve consistency, the authors recommend integrating machine learning tools to aid decision quality. They also call for a joint DWP and HM Courts & Tribunals Service case management system to boost transparency and accountability.
Further changes proposed include moving Social Security and Child Support tribunals to a "virtual by default" model, while maintaining safeguards for those who are digitally excluded. The report also suggests reforming interpretation services, so that foreign-language interpretation is typically funded by the appellant, with appropriate exemptions for British Sign Language.
Restoring Parliamentary Authority
The report seeks to recalibrate the relationship between Parliament and the courts. It advocates granting the Upper Tribunal the power to issue suspended remedies, which would force Parliament to actively respond to landmark rulings. Sir Robert Buckland, the former Lord Chancellor, endorsed this view, stating: "Parliament must end its practice of legislating on eligibility criteria in a vague and undefined way and reclaim responsibility from the courts."
Report author Jean-André Prager concluded: "The appeals system has become a substitute for good decision-making rather than a check on it. We need to restore parliamentary authority, improve accountability, and use technology to deliver a fairer, more sustainable system." The findings put significant pressure on the DWP to enact sweeping reforms to its disputed appeals process.
