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England and Wales decisions
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The Upper Tribunal dismissed a tenant’s appeal over a rent repayment order claim, holding the FTT made no error and that the hearing ended because of the appellant’s conduct.
The Upper Tribunal allowed TU’s appeal over Universal Credit housing cost entitlement, found the First-tier Tribunal erred in law, and remitted the case for a fresh hearing.
The Upper Tribunal allowed a universal credit appeal, holding the First-tier Tribunal had not made key findings on whether an earlier telephone claim was valid. The case was remitted.
The Defendant's decision on 7 May 2024 to impose an APA was unlawful due to procedural irregularity and irrationality, as it was made without proper investigation, consultation, or reasons, and failed to apply the statutory test of necessity to protect the claimant's interests. The subsequent review did not cure the unlawfulness as it was infected by the same flawed approach.
Source excerpt
Shakoor, R (On the Application Of) v Secretary of State for Work & Pensions [2026] EWHC 748 (Admin) (24 March 2026)
A Universal Credit claimant succeeded in challenging an APA redirecting housing costs to her landlord, after the court found the decision unlawful and not cured by a later review.
The Upper Tribunal allowed this Universal Credit appeal, finding the First-tier Tribunal failed to address the appellant’s shoulder impairment and gave inadequate reasons.
The Upper Tribunal allowed AR’s appeal, setting aside First-tier Tribunal decisions for failure to address retained worker status and inadequate reasons.
The Upper Tribunal held that two childcare-cost payments reported in November 2023 were both attributable to the November assessment period, so regulation 33(2) could not be used to recast one as October.
The claimant failed to demonstrate any arguable ground for judicial review with a realistic prospect of success because she had an adequate alternative remedy via statutory appeal to the Tribunal, and her grounds were primarily factual disputes over evidence and entitlement, not public law errors. The Tribunal is the appropriate forum to resolve such disputes, and none of the grounds justified bypassing the statutory appeal process.
Source excerpt
The Upper Tribunal allowed a Universal Credit appeal, holding the First-tier Tribunal applied the wrong late-revision regulation and conducted an unfair hearing.
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