Important information
These letters are for use by advisers. If you are a benefit claimant and do not have an adviser, you may be able to find one on advicelocal.uk.
If you are an adviser, only use these templates in England and Wales. If you intend to use any of these letters in Scotland, please use with caution. The pre-action protocol does not apply in Scotland, see our document explaining some of the changes needed in Scotland.
Instructions for advisers
Read our guide to using CPAG's pre-action template letter templates before you start.
Always get our Judicial Review Project to review your completed letters before sending them, by emailing your letter to [email protected]. The Judicial Review Project is also happy to look over your client's evidence, with their permission. Note, if you send a letter with even small errors or omissions, it undermines your client's prospect of success both in response to your letter and should your client need to be referred on for litigation.
Download the templates afresh every time you need them to ensure you are using the most up to date version; the templates are being updated all the time.
Template letters
Delays in decision making (including HRT and failure to make enquiries)
See also the information under 'Revision and supersession (mandatory reconsideration)' on this page.
Housing Benefit
Pension credit
Personal independence payment
Revision and supersession (mandatory reconsideration) and 'claim closure'
Note: where the need to seek revision before appeal applies (not for HB - see JR145 below), there is a right of appeal against the decision to refuse to revise for official error (PH and SM v Secretary of State for Work and Pensions (DLA)(JSA) [2018] UKUT 404 (AAC)). In order to succeed in that appeal you need to show:
1. That your application for revision (ie the application they have refused) specifically mentioned official error; and
2. That the decision itself was made in consequence of official error.
However, where your client has not been advised of their appeal rights, or has been told that they do no have a right of appeal, or your client is homeless or destitute, you may also consider sending a pre-action letter.
The Upper Tribunal also confirmed in CTC/886/2021 that there is a right of appeal against a tax credit decision where an MR has been requested and HMRC have refused to carry out an MR because it is 'out of time' but was made within 13 months. The appropriate action is therefore to appeal. Because of this template letter JR11 has been withdrawn.
Note: When working out whether a delay is 'unreasonable' consider that "the average (median) waiting times for mandatory reconsiderations are 57 calendar days for PIP, 51 calendar days for universal credit, and 10 calendar days for employment and support allowance (ESA) work capability assessments." Tom Pursglove House of Commons written answer 31/10/22
Sending the letters
Send your letter with your client's signed authority and if your letter is to the the DWP, also with supporting evidence.
Tell us the response to your pre-action letter
Please let us know how DWP, HMRC or the relevant local authority respond as this will inform future templates. Email us at [email protected]
The DWP might respond to your letter along these lines: "Judicial review is inappropriate. However the decision has been changed on mandatory reconsideration”. This is a success for your client.
If you have not received a response within 14 days (or the lesser time requested due to your client's circumstances) contact CPAG for advice [email protected].
If the matter remains unresolved, we may be able to refer you to a law firm who can issue judicial review proceedings.
Tell us what you think
We report regularly to our funder about whether you have found these template letters useful. Please send us your feedback to help us to continue to fund the project. Email us at [email protected].