JUDICIAL REVIEW DHP

I have askde my LA to change a decisionon a DHP where they were using subjective criteria to decide entitlement, [ the LA decisoin maker was usign her own personal shopping experience to decide what was reasonable for my cient to spend on food] the review outcome simply reiterated the original decison and did not address our complaint about the ptrocess of reacing the decision. The LA has sent a claim form for Juidicia Review witht the new decision. Do I need to write a letter before action or can I just make the application for JR directly. The LA are talking about using a standard expenditure for DHP claims butso far have not started to do so. Help please

Youd ont say how the expenditure varied that much from the clients . Our LA use the trigger figures but also accept that in disability there can be some additional expenditure which we usually cover on the initial form

Usually it isnt around the ‘shopping’ part of the form there are issues

I have had clients on specific diets where we were ready to send in proof had it been requested

I would be concerned about a judicial review until it was clear if the decision was that unfair

I am also surprised that a Local Authority wouldnt have had someone different look at the
figures for the review which would point to maybe a couple of people querying what your client had listed as ‘essential expenditure’

For judicial review the pre action protocol requires a letter before claim by your client and a response

CAB information advises a referal to a legal specialist the process is cover well on advisernet

The lA had a councillor and the deputy cheif exec on hand when the revised decision was made, The LA had told me that the decision would be looked at by the same offcier whop had made the original decisoin but i inssisted on a different offficer. The issue is that if the LA are using shopping lists from their own staff it cannot be an objective decision, what if the officer shops at waitrose one week and lidle another week, how can they use such figures to determine a claim. trigger figures are due to come into force sometime but have not done yet. I suggested to the LA that all of their negative DHP decision based on the maount spent on food etc may up for challenge,

the LA has sent JR forms to the client and so they have considered the possibility of a claim.

As an alternative to the costs etc of JR, consider that DHP decisions might fall within the scope of the LGO. Just as an example:
http://www.lgo.org.uk/decisions/benefits-and-tax/housing-benefit-and-council-tax-benefit/13-006-830

Ring Civil Legal Advice with your client present. 0845 3454345.

The pre action protocol demands a letter before action with a lot of prescribed information.

many thanks to contributors, having reviewed thesubstantive issue I think the LA could well get the same outcome if ey did it lawfully next time so a JR is perhapd OTT , I will take instructions and consider above options. iftheLA move over totrigger figutes as a result of this it will have been worth it.