If you have not already tried to get help and advice do so now (See How to find an adviser). Some advisers may be able to help do some of this preparation for you. If you are lucky enough to find someone who can help with the preparation, make sure you are clear which things your adviser is going to do for you, and which you need to do yourself.
When will the hearing be?
Usually you won't get told the date of the hearing until 2-3 weeks before. You should be given at least 14 days’ notice (unless you agreed to less on the form). You can phone the tribunal centre dealing with your appeal and ask them when your hearing is likely to be. They will be able to give you a rough idea of waiting times in your area.
The papers from the DWP
Look at the papers that you were sent by the DWP explaining why they made the decision to sanction you. If it is very big or includes examples of test cases at the beginning, don’t let that put you off. You can ignore these.
The most important parts are the bits about why the decision to sanction you was made. Read through it and look for anything you don't agree with. Make a note of all the things that are wrong. If you can, say why you don’t agree with them or why they are wrong. You can include this in a statement to the tribunal - see below for more information on statements. Also think about how you could get further evidence (from your doctor if you were ill for example) that would give a fairer picture.
Check that everything you want the tribunal to read is in the papers. If anything is missing, send in a copy before the hearing. If it isn’t included in these papers from the DWP, the judge won’t see it unless you provide it.
Getting evidence
It will help your chances of success if you can get evidence to prove what you say, if possible. What evidence you will need will depend on what your sanction is for.
For example, if you were sanctioned for failing to do something in your Claimant Commitment, but your Claimant Commitment didn’t reflect a health problem or caring responsibility which meant you were unable to do that activity, you would ideally need evidence to show that:
- you had asked for a review of your Claimant Commitment, or that
- your work coach knew about your health problem or caring responsibilities.
If you do not have that then evidence of your health problem or caring responsibility will help.
You may need evidence to show that you did or did not carry out a particular activity. Or evidence to show that you had a good reason for doing or not doing something. For example, if you were ill, who knew about it and could support your version of events?
Consider asking your GP, support worker or another health professional, your carer or a friend for a supporting letter.
Evidence you already have
Think about what evidence you already have. Do you have:
- copies of letters or reports that the different doctors and therapists have sent to each other?
- letters or screenshots showing you were given an appointment at the same time as a part-time job or agreed training course the DWP knew about?
- receipts, tickets, or confirmation emails that show where you were or what you did?
- a record of calls made (on your phone) showing how you tried to ring the jobcentre to tell them you couldn’t make it or were going to be late? Did you put a message on your Universal Credit journal?
No evidence
Evidence is great if you can get it. But you can also win appeals with no evidence, or just the evidence you provide at the appeal hearing by explaining the situation.
Write a statement
If you (or someone who could help you) are good with writing, you should think about writing a statement which sets out why you should not have been given a sanction.
A statement can be very useful as you can use it to set out all the points you want to make, and provide this to HMCTS before the day of your hearing.
The DWP do also sometimes agree that they have made the wrong decision before the hearing. If you have made your case beforehand, you increase the chances of this happening.
How to write a statement for your appeal
On the left is information to help you write your statement to the tribunal. It tells you all the things you should try to put in your statement and how to begin. You don’t need to fill in every box, only the ones which are relevant to you.
On the right is Carys’s statement. We have included it to give you an example of what a statement might look like.
| How to write your statement | Carys’s statement |
| Explain why you are writing. | I am writing to explain my reason for appealing the decision to sanction my Universal Credit. |
| Tell them what you were sanctioned for | My sanction notification said the DWP were sanctioning me for failing to attend a work programme course. |
| If the DWP said you failed to do something, explain how you did it. | I did not fail to attend the work programme. In fact I attended six sessions. |
If you had a good reason for not doing something, explain what it is. If your good reason is health related explain how your condition or disability affects you. If your reason for doing something was that it hadn’t been explained to you properly, say so. | However, I was late for two sessions and as a result I lost my place. I had a good reason for being late. The work programme sessions were in the morning. My depression means I feel very lethargic and foggy in the mornings. I often struggle to get up, to get washed and dressed and to get out the house. I feel depressed every day. I tried very hard to get to the work programme on time. But neithe my work coach nor the programme provider explained that if I was late I would lose my place. |
| If you were sanctioned for something that wasn’t in your Claimant Commitment, explain what it is. | |
If your Claimant Commitment didn’t reflect the things that reduce or change your availability for work or certain types of work, explain why. Remember to say everything – even things that you find embarrassing. | My depression means that working in the morning, and doing work-related activity in the morning is extremely difficult for me. My ability to go to meetings, interviews and training on time and without fail is compromised by the severity of my depression. The stress of being sanctioned is making my depression worse. I believe that my Claimant Commitment should have reflected my depression and not included activity that takes place first thing in the morning. |
| If there is any other evidence that backs up what you are saying, refer to it. | The letter from my mental health worker, Anne Neale, confirms my depression and the difficulties I have with morning appointments. The print outs of my Google timeline shows that I was at the address of the work programme on time on four occasions, and late on two others. |
| If you disagree with anything else in the papers from the DWP, you need to tell them what was wrong and why this isn't right. | |
| When you have finished writing the statement, read it back through more than once. Does it say everything it would be helpful to say? | |
What to do with the evidence
Read all the evidence through - does it support your case? If it doesn't, you don't have to send it to the tribunal (but if they ask if you had any evidence you didn't send them, you have to tell the truth).
If you are using the Manage your appeal service, then you will be able to submit evidence online, including video and audio files. If you are not using the online service, send your evidence in the post (keep a copy) or email them to [email protected] if you live in England or Wales, or [email protected] if you live in Scotland. Make sure you include your name and case reference number in the subject heading, and include the evidence as attachments not links to cloud storage services (Google Drive etc).
Work out how you will participate in the hearing
If you are attending an in-person hearing, work out how you will get there and how long it will take the day before. The last thing you need is to add to your stress by getting lost, not being able to park, or being late.
If you have a telephone or video hearing, make sure you understand how that is going to work. If you have a video hearing you will usually be sent a link to test everything is working in advance. If you’re not sure, ask the tribunal service for help.
See our guide on court and tribunal hearings by telephone or video for more information on how these types of hearings work.
Arrange childcare
It is best not to take your children to the hearing with you. In fact, if they are with you, they will usually not be allowed into the hearing. If it will cost you, get a note from the carer/childminder confirming their rate – you will be able to reclaim some expenses.
Work out what you need to claim expenses
If you are going to a hearing in person, you can claim travel expenses for the day of the hearing if you use public transport or travel by car. You can also claim for a meal if you are away for more than five hours. If you have to take time off work, you may also be able to claim expenses for loss of earnings. And if you have had to pay a carer or childminder you can claim expenses up to the National Minimum Wage for the time you have been away.
Before you go to your hearing, check the current rules on expenses on GOV.UK.
The tribunal clerk will help you fill in a claim form when you go to the hearing. Make sure you take receipts for your travel and lunch. If you have lost earnings, make sure you have a letter from your employer confirming this. Contact the tribunal before the hearing if you need help.
Make notes of all the things you want to say on the day
This is really useful and also stops the hearing or the preparation from getting too stressful. Every time you think of something the Jobcentre got wrong, make a quick note of it. Remember to take these notes with you to the hearing so that you can tick them off as you say them. Be prepared to answer the judge’s questions first – you won’t necessarily get to say everything you want to say in order. But you should be asked if you want to add anything at the end.