The concept of a “mandatory reconsideration”, to use the devolved language, was first introduced in 2013, when the intention was that it would reduce the number of cases proceeding to an appeal hearing.
We now know, because of the statistics that it has been possible to provide, that that has not happened. It would probably be overly cynical on my part to suggest that the mandatory reconsideration was used as a further deterrent to discourage people from exercising their right of appeal.
My colleagues may take a different view, but I thought that mandatory reconsideration was an unnecessary tier of adjudication that served no real purpose and often had the effect of making people believe that they would have no success if they took their case to the next stage of adjudication, which would be an independent appeal tribunal.
Another relevant point became clear to us when the provision was introduced. The purpose of a mandatory reconsideration, to use the old language again, was always that, if someone could provide additional evidence, that gave the new decision maker the opportunity to reconsider the case afresh. Our difficulty was that there was no way of obtaining additional evidence at that stage as legal aid was not available, because at that point the case was not the subject of an appeal. In relation to medical appeals, around the same time, most surgeries in the Glasgow area had signs up asking people not to ask them for any evidence or letters in relation to benefit matters.
Essentially, we went through a process in which there was very little chance of success—we went through the motions to get to the other end, so that the client could then exercise their right of appeal. At that point we could gather evidence, which would hopefully lead to an independent tribunal taking a different view.
The statistics certainly bear that out. The turnaround on appeal—the number of cases that had been refused at mandatory reconsideration but were successful on appeal—was stark. I have provided the response to my freedom of information request to evidence that fact.
I do not know whether I have answered your question.