The address for DWP social security pre action correspondence has changed. Please do not send any of the CPAG template pre action letters to DWP Legal Advisors either by post or by email.
We will amend the templates as soon as possible. Please contact [email protected] for advice in the meantime.
Warning: these letters are for advisers
Please don't send these letters unless you have an adviser acting for you.
If you are a member of the public with a problem you feel could be resolved using one of these letters, it is important to seek advice to confirm whether judicial review is appropriate.
If you do not have an adviser to act for you, you may be able to find one on advicelocal.uk
Only use 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, so changes will be needed. Find out more about some of these changes.
Delays in decision making (including HRT and failure to make enquiries)
See also the information under 'Revision and supersession (mandatory reconsideration)' on this page.
Personal independence payment
Revision and supersession (mandatory reconsideration)
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)  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 Because of this template letter JR11 has been withdrawn.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
Support from CPAG
For support using the template letters above and to have your letter reviewed before you send it please contact [email protected].
Sending the letters
Save the pre-action letter as a PDF and send it with your client's signed authority by email to the relevant email address:
DWP: The address for pre-action correspondence to the DWP has changed. Please seek advice from [email protected] before sending any of the templates to DWP. Do not send by email. The templates will be updated in due course.
HMRC: [email protected]
Local authority: FAO legal department
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].