How to use these resources

If you are an adviser please:

  1. Email [email protected] to discuss your case, including if you want to request a specific template.
  2. After discussing your case, we can advise you about whether a pre-action letter is appropriate. 
  3. If a pre-action letter is appropriate, we can review your client’s evidence, then provide you with a template letter and support you to complete it, or support you to draft your own letter. 
  4. If a pre-action letter is not appropriate, we would still be happy to share the templates with you if they would be helpful to challenge the decision in a different way.

If you are a benefit claimant please find an adviser to support you as our judicial review project can only work with advisers. You may be able to find an adviser on advicelocal.uk.

Where are the template letters?
We used to publish our pre-action judicial review template letters on our website. We have recently removed them so that we can provide the most effective support with the pre-action protocol to advisers. They are listed below for your reference. Please get in touch if you have any questions.

Advisers in Scotland
The judicial review project covers England and Wales. If you are an adviser working in Scotland and want to use our template letters, we will be happy to share them with you, but please use them with caution as the pre-action protocol does not apply in Scotland. See our document explaining some of the changes needed if you are using our template letters in Scotland. 

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.

We have the following templates:

  • JR146: Delay in implementing a First-tier Tribunal decision
    With thanks to Citizens Advice Epping Forest District for drafting and sharing this template.
  • JR40: Delay in making an HRT decision (and consequent delay in UC)
  • JR41: Failure to make enquiries of the DWP, Home Office or HMRC to establish HRT or to consider the claimant's oral evidence when no other evidence exists - UC
    Note: needs to have applied to EU settlement scheme if EU national / non EEA national with right to reside (R2R) dependent on an EEA national before 30/06/21 (unless has non EEA leave to remain under the Immigration Rules). Edits will be needed depending on whether you are arguing the claimant has their own R2R or is relying on that of an(other) EEA national.
  • JR71: Delay in superseding an income support award to include SDP, such that a new UC award does not include the SDP transitional element
  • JR104: Delay in deciding LCWRA - Inconclusive or no telephone WCA told "wait for a face-to-face assessment"
    (edits needed if no WCA carried out at all already)
  • JR68: Failure to pay on a new claim while calculating a period of backdating for a previous award - UC. Thanks to Osbornes Law for sharing their template on this issue. For help sending the pre-action letter or in the event of a negative response from DWP, please contact Osbornes Law (Camden office).
  • JR127: Incorrect application of HRT to Afghan refugee and consequent delay in determining UC claim (inc NINo issue)
  • JR50: Delay implementing positive HRT decision and deciding UC claim. This letter can be edited for any delay deciding a UC claim.

For a copy of any of these templates contact [email protected].

Housing Benefit

We have the following template:

  • JR145: Refusal to make an any time revision decision (out of time to appeal) re incorrect termination of HB when should have superseded to continue HB in respect of mesne profits at end of NTQ period in temporary accommodation. Thanks to South West London Law Centre for preparing and sharing this letter.

For a copy of this template contact [email protected].

Pension credit

We have the following template:

  • JR128: Delay deciding pension credit claim

For a copy of this template contact [email protected].

Personal independence payment

We have the following templates:

  • JR102: Delay in providing PIP decision, impacting means tested benefit eligibility
    This template has been adapted with the kind permission of Student Services, King’s College London.
  • JR148: Failure to resume PIP payment on discharge from hospital / psychiatric unit as DWP think accommodation is a hospital setting when it is not. Thanks to Manchester MIND for preparing and sharing this template.

For a copy of either of these templates contact [email protected].

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. 

We have the following templates:

  • JR144: Refusal to make a supersession decision or delay in providing a supersession decision
  • JR146: Delay in implementing a First-tier Tribunal decision
    With thanks to Citizens Advice Epping Forest District for drafting and sharing this template.
  • JR10: UC delay in providing UC MR decision (when MR was requested of HRT decision- but can be edited for any MR)
  • JR6: UC failure to process phone/journal/face2face MR request (failure to provide MR decision/delay)
  • JR121: Delay / failure to carry out an any time or specified grounds irESA revision. Note that this letter can be adapted for other benefits but, for UC for example, it will need the relevant DWP ADM guidance rather than DMG.
  • JR123: UC award "closed", MR delay, and overpayment due to failure to provide a selfie further to ID reverification when UC initially awarded during Covid easement
  • JR149: MR delay and UC housing costs refused as fixed term AST has ended and tenant has remained on statutory periodic basis therefore no written agreement or fixed term. Thanks to Girlington Advice Centre for bringing this issue to CPAG's attention.
  • JR153: Refugee HRT exemption not applied and UC 'claim closed'
  • JR81: Refusal to provide a UC mandatory reconsideration notice because: "there is no right to an MR because the challenge relates to a policy issue". This letter was drafted as "failure to apply Johnson", but can be used in a number of scenarios. 

For a copy of any of these templates contact [email protected].

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