IMO,
Procedural impropriety.
1. If the adjudicator accepts that the Tribunal insert in the NoR 'How to Appeal the Council's decision' forms part of the NOR
Then the NOR states the following:
'You should appeal before the end of the 28-days beginning with the delivery of this Notice of Rejection'
It also states:
If you do not pay or appeal within 28 days from the date of service of this notice..any right to appeal to the adjudicator will be lost.
Given that these time periods are contradictory -in that the latter adds a day to the period because one begins on the date of delivery while the other begins on the day after i.e. from the date of service - I have had to refer to the regulations themselves where I found that neither statement is correct in its entirety. The prescribed period is 28 days beginning on the date of service or such longer period as the adjudicator may allow. The latter brings into sharp focus the council's incorrect statement regarding the recipient having 'lost the right to appeal' after the expiry of their 28-day period which is tantamount to usurping the power of the adjudicator.
I therefore submit that the contradictory statements, the fact that neither complies with regulations and the false statement regarding my right of appeal individually and collectively constitute procedural improprieties.
2. If the adjudicator does not accept that the Tribunal insert forms part of the NOR
Then although the contradiction is avoided, the council's false statements - 28 days from the date of service and you will have lost the right to appeal - remain. In addition, as only the insert details the form and manner in which an appeal is to be made and includes the essential log-in data and as this does not form part of the NOR despite this being a mandatory requirement then I submit that individually and collectively these constitute procedural improprieties.
Wait for others.
