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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Appointee fails to renew DLA

Altered Chaos
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Hi all any guidance gratefully received…

Title says it all really, my client’s benefits and banking are being managed by Community Mental Health as appointees. DLA form sent to the appointees in Nov 2010 (I’m guessing a reminder followed), DLA (MRC/LRM) ceased in April and no-one noticed - despite allocating client weekly ‘pocket money’ - until late August 2011.

Naturally a new claim for DLA is being submitted however the client has potentially lost a signifiant amount of DLA (and linked SDP) and I am thinking an argument that the CMHT have failed in their duty as appointee.

I have looked up SS(C&P)Regs but I need something more re; responsibilities of appointees.

Thanks in advance, Chaos

Jane OP
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As a corporate appointee I think they should have a person who is the authorised signatory for the organisation. If that person is from the local authority part of the CMHT then you could look at taking it to the local government ombudsman if they don’t pay full compensation. (The LGO may take the complaint even if the signatory is not a LA employee - it’s worth talking to their advice team to find out.)

Ariadne
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They undoubtedly owe the claimant a duty of care and are in breach of that duty. This isn’t a matter of social security law, it’s a bog-standard common-law negligence matter. They’ve got insurance, I expect.

ClaireHodgson
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Ariadne - 27 September 2011 05:29 PM

They undoubtedly owe the claimant a duty of care and are in breach of that duty. This isn’t a matter of social security law, it’s a bog-standard common-law negligence matter. They’ve got insurance, I expect.

exactly.

someone recently won a claim against a local authority for failing to put in a CICA claim for a looked after child (she’d been sexually abused).

Altered Chaos
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Thanks guys, a question before I fire of a letter.
In your opinions should I wait until the outcome of the new DLA form (just submitted) to show the loss to the client in the intervening months?
Chaos

ClaireHodgson
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i’d be more inclined to refer the client to a solicitor qualified to run the negligence claim; you can surely calculate what the loss would have been from the benefit previously in payment and knowing the rates of benefit that should have been in payment.  it should be doable on a no win no fee.

BUT it seems from what you say that your client will need a litigation friend.

nevip
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As far as I’m aware, unless there is something specific in the civil procedure rules, that would only apply to judicial review.  Others may know better of course.

Pete C
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Claire Hodgson - 28 September 2011 09:50 PM

i’d be more inclined to refer the client to a solicitor qualified to run the negligence claim; you can surely calculate what the loss would have been from the benefit previously in payment and knowing the rates of benefit that should have been in payment.  it should be doable on a no win no fee.

BUT it seems from what you say that your client will need a litigation friend.

I am not a lawyer and I’m always nervous about disagreeing with one but surely you have to wait and see what the DWP will pay on the new claim before you try and get a payment from the appointee. If you simply calculate the amount on the previous award and the DWP give a reduced amount for the new award then surely you are to some degree risking making the appointee pay for a duff DWP decision.

ClaireHodgson
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Pete C - 29 September 2011 03:55 PM
Claire Hodgson - 28 September 2011 09:50 PM

i’d be more inclined to refer the client to a solicitor qualified to run the negligence claim; you can surely calculate what the loss would have been from the benefit previously in payment and knowing the rates of benefit that should have been in payment.  it should be doable on a no win no fee.

BUT it seems from what you say that your client will need a litigation friend.

I am not a lawyer and I’m always nervous about disagreeing with one but surely you have to wait and see what the DWP will pay on the new claim before you try and get a payment from the appointee. If you simply calculate the amount on the previous award and the DWP give a reduced amount for the new award then surely you are to some degree risking making the appointee pay for a duff DWP decision.

in the meantime they can sort out liability whilst quantum is decided in the background…and as for what the time limits are…..if it’s JR as Nevip suggests, your client needs to crack on with it (or the lit friend does, whatever) and even if it isn’t….

Pete C
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Point taken, i think I have been trying to over complicate things!

Ariadne
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I don’t think it’s JR, simple claim in the County Court (assuming it’s less thatn £5000). But clearly you don’t rush straight to court without seeking to sort it out first or you may be penalised in costs for rushing into litigation unnecessarily. I think I’d start off with a formal complaint (maybe, at this stage, even just a complaint) but making it clear that court is an option and they might like to talk to their insurers. Think motor claims - same basic law.

Altered Chaos
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Thanks to all contributions.

I have submitted the new claim for DLA and I expect a slightly lesser award than previously held, with that in mind I am going to await the outcome before making a complaint (I will then have an idea of the client’s loss). I have in the interim written to the NHS Partnership to request details of the authorised signatory etc. I will then seek compensation via their insurance with a view to small claims application if that is not forthcoming.

Thanks again, Chaos

nevip
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Just to be clear, I did not suggest that JR was an option here.  My post was a direct response to Dan’s question about having to go to the Ombudsman before going to court by saying that that only applied to JR.  And, not always either.