Reasons for backdating jsa
The Latin expression sometimes used to define the concept of ‘innocent until proven guilty’ is: (the burden of proof lies with who declares, not who denies).
Lord Justice Ward said the ruling had been made with “considerable reluctance” and in the full knowledge that it could “emasculate” the CSA’s ability to extract money from recalcitrant fathers.
And the onus has been on the parent to prove why he shouldn’t be sent to prison, which reversed the traditional burden of proof.
Th[is] ruling means the burden of proof, the serving of summons notices and disclosure of documents will now be improved to a level similar to criminal proceedings – which is only fair if people are threatened with the ultimate sanction of imprisonment.” No one will be surprised to hear that the Department for Work and Pensions is unhappy with the judgement.
In a robust judgement sure to cause consternation, the Court of Appeal has condemned the Child Support Agency (CSA) for “obnoxious” and “unreasonable” legal failings in threatening fathers with jail without giving them the right to defend themselves.
Sitting with the Lords Justice Patten and Richards, Lord Justice Ward said: “The procedures adopted do not comply with the rights to a fair trial and were flawed.” This was a test case, brought by a group of solicitors and barristers to establish whether the standard working practices of the CSA breached the rights of fathers under Article 6 of the European Convention on Human Rights.
We will of course consider any other implications of this judgement carefully and take the appropriate action.” The department is now thought to be considering an appeal to the Supreme Court.
This result is bound to please fathers’ rights groups as well as many readers of this blog.
My ex owes me thousands of hours of contact time, yet there isn’t even a whiff of interest or concern from the ‘authorities’.
I have had people ask me how can I be in the Contribution-Based ESA and in the Support Group.
Well, I have worked in the past and paid Tax and National Insurance, and the condition I suffer from is rare, which affects the nervous system, and caused other problems like Epileptic seizures, Functional Episodes, Panic attacks, Anxiety, chronic depression (to the point where I am a danger to myself and others around me) and is progressively becoming worse over the years.
Hi all, I'm still on DLA High Rates on both Components, and Contribution-Based ESA in the Support Group.
I know the government is bringing in ESA re-assessments for claiments in the Support Group, which I may add totally contradicts what is was originally created for.