Applications In Person Only

I can’t believe this old malarky is rearing its head yet again.  It’s completely unenforceable in law.

In light of this, I personally telephoned the benefits section of the LA concerned and was advised this is a “new process”.  When challenged about its legality,  the member was (unsurprisingly) unable to cite any legal basis for this “new process”.  The same staff then stated that “we ask” for clmt’s to come in but in “special circumstances” the LA can visit and/or send a claim form.  I asked for the legal basis of this approach - again none.  I cited HBR 83 (working age) and made the point that there is simply no power for LAs to operate such a process.  I was then offered a word with the section’s manager but declined because it’s clear this is a policy they won’t budge until / unless challenged through the complaints procedure and, probably, a successful LGO complaint.

Also, something that was said seemed to imply that clmt’s are also not being given the minimum one month to provide info / evidence - I raised this and got silence in response.  However, on the evidence / info issue, I *may* have got the wrong end of the stick (I didn’t really nail it).

In short Lorraine, the LA is exceeding its powers and the only way to get it changed will be a long drawn out complaints process which, to have any real effect, will almost certainly have to go the the LGO.

If it was me, I’d take them on.  Such abuse of power (and that is precisely what it is) is utterly reprehensible.

NB:  My guess (no more, no less) is that this abomination is stats driven to make the LA look good - there’s irony.

Unbelievable!

If you know any reasonable local Councillors it might be worth trying to get this raised in the relevant Council Committee with a view to the staff being instructed to abide by the law.  If it worked, it should be quicker than LGO etc.

Another tactic might be to insist on using a paper form (I have attached a copy of the DWP’s H/CTB1 claim form which the LA must accept as a properly completed form)

You could hand it in or send it recorded delivery, and then if the Council refuse to accept it, you could then send a JR pre action protocol letter to the Council’s legal department.  You would do well to cite the old case R v Liverpool City Coucil ex p Johnson 31 October 1994 . 

Liverpool were insisting at the time that claimants attend the office in person.  They go short shrift from Laws J

It may well be that a legally aided claimant could again bring a successful JR in this case, but it may well be that the pre-action protocol letter may well have the desired effect

Thanks Stainsby - I’d already downloaded the HCTB1 when I found I couldn’t get the local paper form any more.  The office tried to insist I waited & had an interview when I dropped it in, even though it wasn’t my form. Eventually I managed to get them to take the envelope, but they weren’t happy about it, and the counter clerk said they “wouldn’t take responsibility if anything happened to it”(!) which got my back up a bit as well.

I’m going to see how this one goes, but I have a feeling I’m going to fall out with them a few times before I get them behaving themselves!

Is this something that WRAC could approach the LA about formally?