I work for a local authority as a welfare rights worker. I received a referral from a social worker to help a family to claim DLA for three children. Benefit has now been awarded.

I have advised the mother that DLA cannot be backdated but she may have grounds to claim compensation from the Council for its failure to refer her for benefits advice earlier. I have argued that the Council has a duty under the Every Child Matters agenda to ensure that children achieve economic well-being and this should involve that they are given benefits advice by a competent person.

This family was receiving services from Children's Services for several years prior to the claims for DLA and they still receive services. The three children had ongoing disabilities since they started to receive services.

Can advice workers let me know how their local authorities are addressing this duty and has anyone been able to obtain compensation where the failure to meet this duty has led to a loss in benefits for clients.

Is the Every Child Matters agenda a legal duty or a charter for best practice? I believe the targets set must be achieved by January 2008 which might complicate your case. As far as I understand it, in relation to benefits, the duty is always on the claimant to claim, not the provider to initiate that claim, but I agree with you in principle - this family was visible and in receipt of services - it would not have taken much for someone - anyone - to have drawn the parent's attention to possible entitlement.