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Judicial Review Claim Form

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In the High Court of Justice Administrative Court

Notes for guidance are available which explain how to complete the judicial review claim form. Please read them carefully before you complete the form. For Court use only

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Administrative Court Reference No. Date filed SECTION 1 Details of the claimant(s) and defendant(s) Claimant(s) name and address(es) name

name

Secretary of State for Work and Pensions

Declan Heavey address

Defendant’s or (where known) Defendant’s solicitors’ address to which documents should be sent.

Suite 101 254 Pentonville Road London N1 9JY Telephone no.

1st Defendant

name

DWP Legal Group - Litigation Division Fax no.

078 8043 7681 E-mail address

dheavey@gmail.com

Claimant’s or claimant’s solicitors’ address to which documents should be sent.

address

5th Floor, The Adelphi 1-11 John Adam Street London WC2N 6HT Telephone no.

020 7962 8000

name

Fax no.

020 7962 8924

E-mail address address

2nd Defendant name

Telephone no.

Fax no.

E-mail address

Defendant’s or (where known) Defendant’s solicitors’ address to which documents should be sent. name

Claimant’s Counsel’s details

address

name

address

Telephone no.

Fax no.

E-mail address Telephone no.

Fax no.

E-mail address

1 of 6 N461 Judicial review claim form (04.13)

© Crown copyright 2013


SECTION 2 Details of other interested parties Include name and address and, if appropriate, details of DX, telephone or fax numbers and e-mail name

name

address

address

Telephone no.

Fax no.

E-mail address

Fax no.

Telephone no. E-mail address

SECTION 3 Details of the decision to be judicially reviewed Decision:

The Defendant's denial of a Mandatory Reconsideration of his decision of 29 October 2013 to mandate the Claimant to register on the DWP's Universal Jobmatch website. Date of decision:

15 January 2014

Name and address of the court, tribunal, person or body who made the decision to be reviewed. name

address

PO Box 50101 London SW1P 2WU

DWP Operations Correspondence Unit

SECTION 4 Permission to proceed with a claim for judicial review I am seeking permission to proceed with my claim for Judicial Review. Is this application being made under the terms of Section 18 Practice Direction 54 (Challenging removal)?

Yes

No

Are you making any other applications? If Yes, complete Section 8.

Yes

No

Is the claimant in receipt of a Community Legal Service Fund (CLSF) certificate?

Yes

No

Are you claiming exceptional urgency, or do you need this application determined within a certain time scale? If Yes, complete Form N463 and file this with your application.

Yes

No

Have you complied with the pre-action protocol? If No, give reasons for non-compliance in the box below.

Have you issued this claim in the region with which you have the closest connection? (Give any additional reasons for wanting it to be dealt with in this region in the box below). If No, give reasons in the box below.

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Yes

No

✔ Yes

No


Does the claim include any issues arising from the Human Rights Act 1998? If Yes, state the articles which you contend have been breached in the box below.

✔ Yes

No

Article 6 (Right to a fair trial): "In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law."

SECTION 5 Detailed statement of grounds ✔

set out below

attached

In a judicial review pre-action letter dated 19 December 2013, the Claimant challenged the decision of the Defendant not to provide him with a Mandatory Reconsideration Notice in relation to his decision of 29 October 2013 to mandate the Claimant to register on the DWP's Universal Jobmatch website. The DWP replied on 15 January 2014, stating: “Unfortunately, being asked by the Jobcentre to register on Universal Jobmatch does not have appeal rights, so we are unable to provide a mandatory reconsideration notice”. This runs contrary to the 2013 guidance on appeals process changes, which states that “if a case cannot be appealed against, the Decision Notification will state this”: the Defendant’s Decision Notification dated 29 October 2013 contains the Claimant’s appeal rights. Failing the remedy being sought (see Section 7 below), the Claimant seeks permission to proceed with a claim for Judicial Review on the ground of procedural unfairness. SECTION 6 Aarhus Convention claim

I contend that this claim is an Aarhus Convention claim

Yes

✔ No

If Yes, indicate in the following box if you do not wish the costs limits under CPR 45.43 to apply.

If you have indicated that the claim is an Aarhus claim set out the grounds below

SECTION 7 Details of remedy (including any interim remedy) being sought A mandatory order that compels the Defendant to carry out a Mandatory Reconsideration of his decision of 29 October 2013 to mandate the Claimant to register on Universal Jobmatch, and provide the Claimant with a Mandatory Reconsideration Notice that includes details of what steps to take next if he does want to appeal to HMCTS following a mandatory reconsideration.

SECTION 8 Other applications I wish to make an application for:-

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SECTION 9 Statement of facts relied on

1. On 16 October 2013 the Claimant complained to the United Nations about electronic and other surveillance of his activities by the Security Service (MI5) and/or Government Communications Headquarters; this complaint is included in Supporting Documents (SD), pp. 7-22, and with corroborative evidence available on the Network for Church Monitoring (N4CM) Blog. The next day, on 17 October, Barnsbury Jobcentre mandated the Claimant to register on the Department for Work and Pensions' (DWP) Universal Jobmatch website. On 18 October the Claimant issued the Jobcentre with a judicial review pre-action letter challenging the taped refusal of an employment officer the day previous, in clear breach of section 10(5) of the Jobseekers Act 1995, to refer proposed jobseekers agreements on his joint claim for Jobseekers Allowance (JSA) to the Defendant for determination (SD, pp. 1-4). 2. Following the Claimant's pre-action letter dated 18 October 2013 (see paragraph 1 above), his proposed Jobseeker's Agreement dated 22 October 2013 was referred to the Defendant for determination. By Decision Notification dated 29 October 2013, the Defendant mandated the Claimant to register on the Universal Jobmatch website (SD, pp. 23-24). This notwithstanding the Claimant's email to the chairman of Reed dated 16 October 2013 through which he provided the Defendant with three substantiated reasons for why his use of the Universal Jobmatch site is inappropriate in his circumstances: (1) the manipulation of data on his joint claim JSA by the DWP (see in addition paragraphs 3 and 4 below), (2) his use of other job search sites, and the DWP one adds little, if anything, of value to his existing activities, and (3) electronic and other surveillance of his activities by the Security Service (MI5) and/or Government Communications Headquarters (SD, pp. 3-4). 3. On 22 October 2013 the DWP suspended the Claimant's joint claim JSA from 4 October to 17 October 2013, stating: "He has been applying for jobs he does not have experience for" (SD, pp. 30-33). This runs contrary to a Reed in Partnership exit report dated 1 October 2013 that speaks of the Claimant's commitment to looking for work in glowing terms (SD, pp. 5-6); moreover, the Claimant has not received a reply to his subsequent request for a Mandatory Reconsideration of the finding taking into account his job search for the period 4 October to 17 October (SD, pp. 28-29). Also on 22 October, the Claimant's joint claim JSA was sanctioned from 18 October to 31 October based on a new claim for JSA dated 18 October 2013 that was never signed by the Claimant, nor was it ever shown to him (SD, pp. 30-33). 4. From 1 November to 14 November 2013, the Claimant's joint claim JSA was once again sanctioned by the DWP based a new claim for JSA dated 18 October 2013 that the Claimant never made (SD, pp. 25-27). On 25 November the Claimant, concerned about the on-going manipulation of data on his claim, requested under the Data Protection Act 1998 a copy of this supposed claim form from 18 October. In a letter dated 20 December 2013, the DWP acknowledged that there is no record of the Claimant having completed a new claim form for JSA from 18 October (SD, pp. 36-37). It was subsequently explained to the Claimant by an advisor at Barnsbury Jobcentre that the claim had been re-built from 18 October 2013 and the suspension from 4 October 2013 maintained (see paragraph 3 above). 5. In a judicial review pre-action letter dated 19 December 2013, the Claimant challenged the decision of the Defendant not to provide him with a Mandatory Reconsideration Notice in relation to his decision of 29 October 2013 to mandate the Claimant to register on the Universal Jobmatch website (SD, p. 34-35). The DWP replied on 15 January 2014, stating: “Unfortunately, being asked by the Jobcentre to register on Universal Jobmatch does not have appeal rights, so we are unable to provide a mandatory reconsideration notice” (SD, pp. 39-40). This runs contrary to the 2013 guidance on appeals process changes, which states that “if a case cannot be appealed against, the Decision Notification will state this” (SD, pp. 41-46; see specifically p. 43 under the heading “Are people given information about their right to appeal?”): the Defendant’s Decision Notification dated 29 October 2013 contains the Claimant’s appeal rights (SD, pp. 23-24). 6. On 9 January 2014 Barnsbury Jobcentre refused the Claimant and his wife an appointment to 'sign on' for JSA on 23 January, stating that the Claimant's joint claim JSA had been terminated. The Claimant has complained to the director general of the DWP (SD, p. 38), but has yet to receive the Decision Notification containing his appeal rights. Accordingly, the Claimant seeks a mandatory order that compels the Defendant to carry out a mandatory reconsideration of his decision of 29 October 2013 to mandate that the Claimant registers with Universal Jobmatch, and to provide the Claimant with a mandatory reconsideration notice that includes the information he needs to be able to appeal. Failing this, the Claimant seeks permission to proceed with a claim for Judicial Review on the ground of procedural unfairness.

Statement of Truth I believe (The claimant believes) that the facts stated in this claim form are true. Full name Declan Jude Heavey Name of claimant’s solicitor’s firm Signed

Position or office held (if signing on behalf of firm or company)

Claimant (’s solicitor)

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SECTION 10 Supporting documents If you do not have a document that you intend to use to support your claim, identify it, give the date when you expect it to be available and give reasons why it is not currently available in the box below. Please tick the papers you are filing with this claim form and any you will be filing later. Statement of grounds

included attached

Statement of the facts relied on

included

Application to extend the time limit for filing the claim form

included attached

Application for directions

included attached

attached

Any written evidence in support of the claim or application to extend time Where the claim for judicial review relates to a decision of a court or tribunal, an approved copy of the reasons for reaching that decision ✔

Copies of any documents on which the claimant proposes to rely A copy of the legal aid or CSLF certificate (if legally represented) Copies of any relevant statutory material A list of essential documents for advance reading by the court (with page references to the passages relied upon)

If Section 18 Practice Direction 54 applies, please tick the relevant box(es) below to indicate which papers you are filing with this claim form: a copy of the removal directions and the decision to which the application relates

included attached

a copy of the documents served with the removal directions including any documents which contains the Immigration and Nationality Directorate’s factual summary of the case

included

a detailed statement of the grounds

included attached

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attached


Reasons why you have not supplied a document and date when you expect it to be available:-

Signed Claimant (’s Solicitor)

Click here to print form 6 of 6


Heavey vs Secretary of State for Work and Pensions  

Application for permission to apply for Judicial Review

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