A few weeks after you appeal, a thick envelope arrives: the DWP response, often called the appeal bundle. It can feel like the other side has already won. It has not. It is DWP’s version, and you now get the chance to answer it.
What is in the bundle
- The response itself. Usually near the front, sometimes with lettered pages. It explains the decision, the law DWP relies on and why it says the appeal should fail.
- The decisions. The original decision and the mandatory reconsideration notice.
- The evidence. Application forms, call notes, letters and documents from both parents. Pages are numbered.
- Your appeal form.
Check for your private information
The bundle goes to every party, including the other parent. If you see your address or other information that should not have been shared, contact the tribunal immediately.
How to read it without panicking
- Read the response section twice. Once to absorb it, once with a pen.
- List every statement of fact. For each one, mark it “agree”, “disagree” or “not relevant”.
- For each “disagree”, find your evidence. Note the page number if it is already in the bundle, or the new document if it is not.
- Check what is missing. Did DWP deal with every one of your grounds? Silence on a point is worth noting politely.
- Check the law cited. Is the right regulation being used? Has DWP applied the right test, for example “balance of probabilities”?
Use their page numbers
Refer to everything by its bundle page: “the call note at page 43 records…”. The judge will have the same bundle and can find it instantly.
Replying
You can send a written reply. Under the tribunal rules you usually have one month from the date the response was sent, unless directions say otherwise. A reply is optional, but it is often the best chance to put your case clearly before the hearing.
A good reply:
- is headed with the appeal reference number
- responds point by point to the response, using its paragraph and page numbers
- says what decision you want the tribunal to make
- lists any new evidence, with an index and page numbers
See evidence and written submissions for structure, and use the written submission template.
Directions
A judge may issue directions: instructions to the parties, such as “the appellant must send copies of the school letters by [date]” or “the hearing will be face to face”. Directions must be followed. If you cannot meet a date, write before it passes, explain why and ask for more time.
Diarise every date in a direction
Put each date in your calendar with a reminder a week earlier. Missing a direction can lead to evidence being excluded or, rarely, the appeal being struck out.
Common questions
The response says my evidence was “insufficient”. Is that the end of it?
No. The tribunal decides for itself what weight to give the evidence. Explain why your evidence is reliable and add more if you can.
The response gets facts wrong about my family. What should I do?
Correct each error in your reply, briefly, with evidence. Stay factual. Errors in the response can help your case if they show the evidence was not properly considered.
Can I ask DWP or the other parent for documents?
You can ask the tribunal to direct a party to provide specific documents that are relevant. Explain what the document is and why it matters.
Sources and law
- Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, rules 24 (response) and 25 (reply)
- The same rules, rules 5 and 15 (directions and evidence)
