The High Court has granted a woman leave to seek judicial review of a chief appeals officer’s refusal to review a decision rejecting her claim for domiciliary care allowance for her son. The ruling was made on an ex parte application and does not decide the substantive challenge.
The applicant’s claim was refused at first instance in February 2023. An appeals officer refused her appeal in August 2023. In September 2024, the chief appeals officer declined to review that decision, finding no error of fact or law. The applicant then brought judicial review proceedings, arguing that an appeals officer could not rely on a medical assessor’s opinion, and that, if the opinion could be considered, procedural safeguards including an oral hearing should have been provided.
Justice Garrett Simons said there were arguable grounds on both issues. The judgment said there had been no authoritative ruling on how the statutory provisions concerning medical assessor opinions applied to appeals officers. It also found the applicant’s alternative argument about procedural safeguards arguable, referring to observations in an earlier High Court case.
The court considered whether the applicant could instead appeal to the High Court under section 327 of the Social Welfare Consolidation Act 2005. It provisionally concluded that a claimant’s right of appeal under that section applies where the chief appeals officer changes an appeals officer’s decision, and not where the chief appeals officer declines to revise it. On that basis, and for the purpose of the leave application only, the judge found the applicant had established that judicial review might be the only effective remedy.
That conclusion was provisional and reached without full argument. The respondents may contest whether the decision can be appealed under the statute. The court granted leave to apply for judicial review, reserved the costs of the leave application and written submissions, and directed that the case be expedited as a possible lead case. The applicant was directed to serve the originating notice of motion and existing case papers within seven days; the respondents are to file opposition papers within four weeks. The case was listed for further directions on 29 April 2025.