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Daniel's Story

Daniel applied to receive Employment and Support Allowance (ESA) but was refused after a medical exam. Daniel asked the Job Centre to contact his GP to help him gather evidence but they did not. Daniel appealed the refusal and the case went to the First-Tier Tribunal. Daniel asked the Job Centre for advice and they told him not to do anything. The appeal carried on without him but he would have had a better chance of success if he had sought legal advice and appeared at court. The First-Tier Tribunal agreed with the Job Centre’s decision. The Upper Tribunal later found that the Job Centre had given him bad advice, and this had impacted the case and breached his Article 6 rights. The decision was set aside and had to made again following a fair procedure.

(DG v Secretary of State for Work and Pensions, 2010)

Key information


Right this relates to: 
Article 6: Right to a fair trial
Article 1, Protocol 1: Right to peaceful enjoyment of possessions

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