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UKBA: compensation for wrong handling of EEA applications

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Directive/2004/38/EC
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UKBA: compensation for wrong handling of EEA applications

Post by Directive/2004/38/EC » Thu Aug 04, 2011 2:21 pm

http://www.whatdotheyknow.com/request/s ... 2_applicat has disclosed UKBA's COMPLAINTS MANAGEMENT GUIDANCE

This is UKBA's guide to dealing with complaints and paying compensation for incorrect processing of applications, for loosing documents, etc...

Section 11 Compensation guidance starts on page 42 of the PDF

Note that this is a general guide. Applications done on the basis of EU law have hard legal processing time limits, and there is likely an even stronger basis for compensation when those limits are exceeded.


Also of note from the FOI response:
With regards to [question about how many Residence Card applications took longer than the legal maximum of 6 months to process] since April 2006 50,744 out of a possible 291,479 European applications were decided outside of service level agreements.
I can confirm that the Agency is taking measures to ensure that all cases will be within service level agreements by November 2009. These include:
• Recruitment of additional case working resource via internal transfer of resource; recruitment of temporary staff and external recruitment for fixed term appointment, casual and agency staff. Indeed during the period from April to July 2009 the dedicated resource for European Casework rose by over 500%.
Last edited by Directive/2004/38/EC on Fri Sep 02, 2011 3:54 pm, edited 2 times in total.

pinkpanter
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Post by pinkpanter » Fri Aug 19, 2011 11:39 am

If non eea family member lost his/her job due to wrong decision of UKBA i.e refusal of his/her RC/PR application and later his/her appeal has approved by court. Does he/she can claim compensation on the ground of lost of his/her job (earnings) ??? :?:

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Aug 19, 2011 11:44 am

pinkpanter wrote:If non eea family member lost his/her job by wrong decision of UKBA i.e refusal of his/her RC/PR application and later his/her appeal has approved by court. Does he/she can claim compensation on the ground of lost of his/her job (earnings) ??? :?:
Without knowing the details, I think there is a very good case for claiming compensation from UKBA. Especially if the person was clearly a family member and UKBA messed up on handling the application.

While you could handle it on your own, and I probably would do my own, I would think that the right lawyer would produce the best compensation claim (for large amounts) - somebody who really knows European immigration law and who can write a mean letter. Make sure they see this thread and have access to the UKBA compensation policy referenced at the beginning.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Sep 01, 2011 3:16 pm

A FOI request to UKBA has revealed at least some of what UKBA has paid in compensation for mishandled EU related applications.

What is most interesting is that in the years 2008 and 2009, when UKBA was messing up the most, there are almost no requests for compensation. Or maybe UKBA just forgot to open those requests because they were so busy fighting fires.

Code: Select all

  Misplaced documents and associated costs
Year              Number of cases     Avg compensation per case 
2008                  1 case                        £68
2009                  5 cases                      £343
2010                 47 cases                      £286
2011 (to date)       31 cases                      £330
I wonder what "wrong information" is?

Code: Select all

  Wrong information
Year              Number of cases     Avg compensation per case 
2008                  0
2009                  0
2010                  0
2011 (to date)        1 case                      £465
UKBA has half the number of "delay" cases this year, but is paying out twice as much per case as 2010. They seem to have gotten away with paying NOTHING for 2008 and 2009, which is pretty impressive.

Code: Select all

  Delay
Year              Number of cases     Avg compensation per case 
2008                  0
2009                  0
2010                 11 cases                 £913
2011 (to date)        2 cases                £1905

thosekids
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Post by thosekids » Sat Dec 08, 2012 9:08 pm

Hi,

I wanted to revive this thread and was wondering if anyone has successfully claimed compensation from the UKBA?

I received a letter from the UKBA complaints team apologising for not returning my passport within the 20 working days specified and it even details the 8 requests made by myself to retrieve them since October 2nd (I received the letter 2 days ago thus making it 48 working days before I ever received a response about my passports whereabouts ). I would like to claim compensation for the cost of a new passport and the days I have had to take as holiday due to missing work where it was required that I travel. I would appreciate some insight if this is possible?

Thanks

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Post by keloid » Thu Feb 14, 2013 8:55 pm

Is it possible to make a claim for compensation if one has submitted an EEA2 application and the application runs beyond the 6 month deadline?

By running beyond the 6 month deadline, it has forced the applicant to cancel a flight which they planned to take at about 7 month mark.

Thoughts?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Feb 14, 2013 10:38 pm

keloid wrote:Is it possible to make a claim for compensation if one has submitted an EEA2 application and the application runs beyond the 6 month deadline?

By running beyond the 6 month deadline, it has forced the applicant to cancel a flight which they planned to take at about 7 month mark.

Thoughts?
Definitely! They can take no longer than 6 months for a Residence Card.

You can claim any costs associated with the cancelled vacation.

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Post by keloid » Tue Feb 19, 2013 10:22 am

Directive/2004/38/EC wrote:
keloid wrote:Is it possible to make a claim for compensation if one has submitted an EEA2 application and the application runs beyond the 6 month deadline?

By running beyond the 6 month deadline, it has forced the applicant to cancel a flight which they planned to take at about 7 month mark.

Thoughts?
Definitely! They can take no longer than 6 months for a Residence Card.

You can claim any costs associated with the cancelled vacation.
thank you for your response.

having checked the UKBA guidance on complaints (seen in the first post), I note the following re: Delays at 11.2.12:

Delays that have occurred due to operational constraints and
limited resources i.e. where a backlog of cases have incurred such as with the Liverpool Charged casework cases, or the CRD Legacy cases are not classed by the Agency as maladministration.


Looks like I might have an argument on my hands?

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Post by Directive/2004/38/EC » Wed Feb 20, 2013 2:26 pm

A lot of that guidance material is written for applications under UK law. For applications under EU law, delays are a lot less acceptable.

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Post by keloid » Wed Feb 20, 2013 2:55 pm

Directive/2004/38/EC wrote:A lot of that guidance material is written for applications under UK law. For applications under EU law, delays are a lot less acceptable.
Thanks

Do we have any guidance on how they deal with applications under EU law.

Does the directive itself state what the punishments are for states who go beyond the 6 month deadline on Residence Card applications?

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Post by Directive/2004/38/EC » Fri Feb 22, 2013 8:56 pm

No. But you can request suitable compensation from them (do it in writing). If they do not provide it you can consider taking them to court.

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Post by keloid » Mon Mar 04, 2013 1:24 pm

Directive/2004/38/EC wrote:No. But you can request suitable compensation from them (do it in writing). If they do not provide it you can consider taking them to court.
Hi there - thank you once again for your input.

To your mind, on what basis can I take them to court? There appears to be no law/provision which states that they are liable to pay me anything if they go beyond the 6 month deadline

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Post by pepper04 » Thu May 02, 2013 1:58 pm

keloid wrote:
Directive/2004/38/EC wrote:No. But you can request suitable compensation from them (do it in writing). If they do not provide it you can consider taking them to court.
Hi there - thank you once again for your input.

To your mind, on what basis can I take them to court? There appears to be no law/provision which states that they are liable to pay me anything if they go beyond the 6 month deadline
hiya

Ive just had a call from the Ombudsman as i complained about the exact same thing and the offer to claim for compensation has been offered. im just waiting for written confirmation so that i can get the claim form and send it to them. Have you made any complaints to anyone to date?

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Post by sylvia532 » Thu May 02, 2013 9:09 pm

I think complaining and claiming compensations from the UKBA is the best way to fight notorious mishandling of EEA applications. My husband and I will be sending out in June his EEA4 application and we're really hoping we won't have to wait again 10 months for the UKBA to deal with our case (we waited 10 months when applying for his Residence Card). It is appauling how inconsiderate the UKBA is in relation to the applicants' personal circumstances. This time we definately won't accept a delay. Once we reach the 6 months mark we'll start the complaining process. In my opinion everyone whose case has been mishandled should make a formal complaint and claim compensation. Maybe it would encourage the UKBA to speed up the processing timing.

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Post by Directive/2004/38/EC » Thu May 02, 2013 9:54 pm

sylvia532 wrote:I think complaining and claiming compensations from the UKBA is the best way to fight notorious mishandling of EEA applications. My husband and I will be sending out in June his EEA4 application and we're really hoping we won't have to wait again 10 months for the UKBA to deal with our case (we waited 10 months when applying for his Residence Card). It is appauling how inconsiderate the UKBA is in relation to the applicants' personal circumstances. This time we definately won't accept a delay. Once we reach the 6 months mark we'll start the complaining process. In my opinion everyone whose case has been mishandled should make a formal complaint and claim compensation. Maybe it would encourage the UKBA to speed up the processing timing.
Do not wait for 6 months. Remind them after 5 months that there is a 6 month limit. The reminder may even make it easier to ask for compensation. It is harder for them to claim that "it was just all overlooked"

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