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FIU are defendant A...
 
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FIU are defendant AND judge

 
(@Will99)
Estimable Member Registered

I have had a decision by the FIU implemented which I am challenging in a Mandatory Reconsideration (MR). 

My CM case is managed by the Special Client Records Team as my ex- used to work for the CMS, and it is the Special Client Records team that will handle the MR, not the FIU. They have explained that the FIU will have input to the MR, as will I, so I’m ok with that. However they have also explained that the FIU has ultimate power to block any change to their own decision, even if the Special Client Records team think a change should be applied. So to use courtroom terminology, the FIU are acting as both defendant and judge ! This renders the MR of an FIU decision almost completely toothless.

On the one hand I am outraged that the MR of an FIU decision seems a complete waste of time, with seemingly no chance of success (unless the FIU’s opinion is changed). On the other hand, I suppose that where the FIU isn’t involved originally, it is also the case that the same team that made the original decision are also the ones asked to reconsider it.

And there I was pinning my hopes on the FIU’s decision being overturned in the MR... It now seems a forgone conclusion that the MR will fail, and I will have to appeal to HMCTS to stand much chance of getting any change applied.

This topic was modified 3 years ago by Will99
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Topic starter Posted : 28/10/2021 11:51 am
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