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Wednesday, 30 July 2014

The DWP as a law unto itself

Why the DWP’s costs for fighting Judges' decisions will never be known

In recent months, the Department of Work and Pensions (DWP) has fought a fierce legal battle to prevent the publication of the risk register into Iain Duncan Smith's Universal Credit scheme, along with other documents into concerns and problems with the plan. The information commissioner ruled it should be released, minus the risk register. A tribunal agreed, but wanted the risk register published too.

The DWP fought the case tooth-and-nail but lost. It appealed and lost that too, this time with a venomous response from a judge who could see "no support for the argument" and pointed out that the department had not "provided any persuasive evidence". The DWP asked for permission to appeal again and has been granted the opportunity to do so at an oral hearing in a few months.

How much is all this costing, you might wonder? Well wonder all you like, because you'll never find out.

Ian Dunt’s FOI to the DWP asking for costs came back recently with a flat refusal, as he expected. "The department does not keep a record of the time its staff spend on particular Freedom of Information case work so the information you seek is not held," it said. The full cost to the public purse would have involved the costs of the DWP, the Treasury Solicitors Department and the Information Commissioner's Office, but even this small piece of the puzzle was considered confidential.

These legal cases are not small fry. The grade of barrister involved in them usually cost £3,000-plus a day and countless government appeals mean they go on for months, even when the judge's disparaging remarks have already made clear they have almost no chance of success.

Read the full article in Politics.co.uk
Our thanks to Jim Allison for spotting this for us

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