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Dept of Social Protection refuses to give decision

  • 30-07-2012 6:22pm
    #1
    worm food
    Site Banned Posts: 3 ✭


    Can a court order the Department of Social Protection or the minister to make a decision on an application submitted to it? Can an applicant get a writ of mandamus?

    It has come to light that the dept is processing applications not in date over but on some other criteria. This means that newer applications are being processed but older ones are not and are slipping down the order. The dept will not say when a decision will be made. This has been ongoing for 2 years now.

    Under social welfare rules you can't appeal "no decision" to the appeals commissioners.

    Is there a way a decision can be forced.


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    I know someone that was in a somewhat similar situation and it took 2 local T.D.'s sending 6 letters apiece before a decision was made. My advice would be contact your local T.D. and get them to put pressure on.


  • #3
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    The DPP occasionally applies for an order mandamus to compel District Judges to decide cases before them. It is not unknown for public servants to be ordered to make a decision. A complaint to the Ombudsman should be the first thing done however.


  • #4
    amen
    Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    why not do a simple data protection query asking them to state the rules/procedures for processing the applications including how many are on the list, who/when/why/where the criteria changed, wait time for applications in the last 3,6,12 months etc


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Simple answer is yes, you can compel a decision to be made, such applications have been made in the area of immigration decisions. The case of Mobin and Gafoor set a time limit in application for wife's of Irish Citizens to get stamp 4 within 12 months while Matta decided that 2 years was ok in relation to long term residency.

    Recent decision in citizenship case said 3 year and 7 months I think was too long.

    So simple answer yes a leave application can be made for Judicial Review, but your lawyers would need to be really on the ball in this area.


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    amen wrote: »
    why not do a simple data protection query asking them to state the rules/procedures for processing the applications including how many are on the list, who/when/why/where the criteria changed, wait time for applications in the last 3,6,12 months etc

    That would be Freedom of Information Act, not Data Protection Act.


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  • #7
    seb65
    Registered Users, Registered Users 2 Posts: 402 ✭✭seb65


    You can compel an order. The court does not necessarily see delay as an outright refusal to make a decision though - but it can be evidence of such.


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