Local authority responsibility to provide visiting officers for vulnerable claimants

Client cannot physically/by email provide proofs requested by LA to set up CTR claim. Claims for UC/NS ESA/PIP/CTR made on phone/online.

Has verified UC claim with special support from jobcentre, first payment due next month.

Have notified LA that client cannot provide information requested with explanation of client’s needs. Explained UC claim verified and when will be payable. Asked if they can use the UC claim to confirm what’s needed, or send visiting officer.

Visiting officer role has been removed from council, so emailed documents is the only option.

Have written to push back, assume the same line is going to be held re no visits.

Our service cannot provide visits. Client lives alone.

My view is that the policy to not complete visits is disability discrimination under the Equality Act; not complying with public sector equality duty to ensure people are not excluded from making a claim because of disability preventing it from going ahead.

I will be making a complaint if they refuse, but wondered if this is something others have faced when trying to remotely support clients and why this policy would be implemented when it is so clearly unfair.

Are there any other support services or professionals involved? Ones that actually see the client and could scan/copy the documents and send them to the authority?

I don’t disagree with where you’re coming from on this at all but;

i) if the LA will accept documents sent by a 3rd party on the client’s behalf, that’s better for him.

ii) if (as I think is likely) the LA will not accept that alternative, it strengthens your hand in any complaint/discrimination claim.

Many LAs currently have insufficient staff to process claims let alone visit. General trend is to digital with you having to make the case for exceptions or reasonable adjustments. Have to agree with Past Caring here though. Use those involved with the client.

Late response so may have been resolved .
First thought is if there is any Macmillan advice team/support cte based at the hospital they have treatment at. And if so is it possible to dovetail an appt with them next appt. ?
Other thought is if known to Adult Social Care there is usually a welfare rights team attached or outsourced to this team. Even an OT referral will mean they are ‘known’.
This team may have an exception policy that allows them to visit.

But re local authority yes have had numerous problems with numerous depts with statutory duties..
Seems like a clear Equality Act breach but they know most advice agencies wont be able to launch a Judicial Review.
They may argue they have no statutory duty to provide home visits albeit presume the Equality Act is the overarching legislation that applies ( a term I regularly use nowadays). It would be good to be able to cite where this specific duty lies.

Some LA benefits offices do outreach at local libraries etc that have a drop box for documents if there is a volunteer who would be willing to copy and drop.

TBH with limited time available would just straight to emailing chief executive with complaint and cc in the cllr if client willing plus benefits team. Where have had local knowledge have also cc’d in the chair of the relevant scrutiny cttee.

We’re Macmillan Caseworkers and see f2f but even then the level of built in obstruction and exclusion can be a real problem .