CCM4440 - Post-award examinations: Action: Claimant does not respond to opening letter
If the claimant does not respond to your opening letter by the date specified, you should:
- check to see if the information has been received in your office, but not yet passed to you
- consider whether there may be any exceptional circumstances preventing the claimant from replying, for example a postal dispute.
If the opening letter has been returned RLS or you know the address is false - see CCM5287.
In all other cases if you are satisfied the claimant(s) has been given every opportunity to supply the information you will have 2 options:-
- amend the award
- make a further request for the information
Section 16 only allows you to amend an award where you have reasonable grounds for believing the award is incorrect. A failure to reply to your opening letter is not, in itself, ‘reasonable grounds’ to amend an award. You must consider the risk and the evidence held.
- Where the case includes an Undisclosed Partner risk - consider if any of the scenarios at CCM15380 apply. If they do then follow CCM15370.If the scenarios atCCM15380do not apply - see (b) below.
- In all other cases you will send a further request for the outstanding information and warn the claimant that if they do not provide this information their award will be suspended. See CCM4450 for details of what to say in the further request.
