Helen Timson, R (on the application of) v Secretary of State for Work and Pensions

Helen Timson, R (on the application of) v Secretary of State for Work and Pensions

The Defendant's written guidance to decision-makers on TPDs is unlawful at common law because, by implication and omission, it fails to make clear that claimants should be offered the opportunity to make representations and/or provide relevant information before a TPD decision is taken, thereby breaching the duty of...

Source-derived case information.

Parties
Claimant: Ms Helen Timson; Defendant: Secretary of State for Work and Pensions; Interested Party: Severn Trent Water PLC
Jurisdiction
England and Wales
Judgment Date
23 September 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review succeeds in part; ECHR claims dismissed.
Legal Topics
Third Party Deductions, Procedural Fairness, Judicial Review, Guidance to Decision Makers, Article 1 Protocol 1 ECHR, Article 14 ECHR
Administrative Law Social Security Law Human Rights Law Third Party Deductions Procedural Fairness Judicial Review Guidance to Decision Makers Article 1 Protocol 1 ECHR +1 more

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Parties

Ms Helen Timson

Claimant

Secretary of State for Work and Pensions

Defendant

Severn Trent Water PLC

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant's written guidance on Third Party Deductions (TPDs) is unlawful for failing to require decision-makers to seek representations from claimants before imposing TPDs.
  2. 2 Whether the guidance unlawfully directs decision-makers to ignore claimant consent or circumstances.
  3. 3 Whether the TPD scheme as operated breaches Article 1 Protocol 1 and/or Article 14 ECHR.

Ratio Decidendi

The Defendant's written guidance to decision-makers on TPDs is unlawful at common law because, by implication and omission, it fails to make clear that claimants should be offered the opportunity to make representations and/or provide relevant information before a TPD decision is taken, thereby breaching the duty of fairness and the Tameside obligation. The guidance does not unlawfully direct decision-makers to ignore claimant consent or circumstances, and the TPD scheme as operated does not breach Article 1 Protocol 1 or Article 14 ECHR.

Court Disposition

Claim for judicial review succeeds in part; ECHR claims dismissed.

Orders

  • Declaration that the Defendant's written guidance on TPDs is unlawful to the extent it fails to require claimants be offered the opportunity to make representations and/or provide information before a TPD decision is taken.