[2024] UKUT 240 (AAC)

Evidence was volunteered by the OTC as to the operation of the VOL system. We were not entirely satisfied with the completeness or in some respects the accuracy of that evidence. Consequently an Order was issued seeking clarification on various points. The Order was not well handled administratively by the Upper Tribunal office but on 30 May a substantive response from the OTC was received. The operator was offered the opportunity to comment on the OTC’s response but did not do so. According to the OTC’s records, the operator had agreed to receive notification through the VOL system. The email address it held for that purpose was Mr Stafford’s. Mr Noon was also registered on the system, in his own right.

The evidence was that at the time of registration in July 2022 the operator had been asked if he wanted to receive correspondence electronically and he had indicated that he did. Although the evidence said that in such a case “all correspondence issued by this office is sent by email” it is clear from the context and subsequent clarification that what is meant is that it is sent through the VOL system. That is not itself an “email” but when a document is sent through the VOL system, an alert is sent by email on Day 1 to the registered user’s email address to inform them that a document has been uploaded on the system for their attention. It was Mr Stafford’s email address that the system was set to notify in the present case. If by Day 3 the document has not been accessed, the system sends a reminder email. If by Day 7 it has still not been accessed, the system prints off a hard copy letter, which is posted out on Day 8. A printout was in evidence of documents sent to the operator during the period in question.

Records indicated that a user using Mr Stafford’s user ID logged in on 1, 3 and 16 March and on 19 May 2023 (and on no other dates during the material period). 1 March was when Mr Noon was removed. 3 March was when the application to reinstate him was started. There is no evidence of any steps having been taken on 16 March or 19 May.