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Forum Home  →  Discussion  →  Housing costs  →  Thread

LGO upheld decision but client still being hasseled

JojoMitchell
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Disability Law Service, London

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Awful case by LB Hilingdon on their treatment of an autistic claimant. The LGO has recommended damages for the council’s failings in dealing with an overpayment but a month after their final decision, the client receives another overpayment demand. Not an area that I advise on once LGO are involved so not sure what to advise her. This new overpayment is for the same period as the LGO case but has bizarrely increased.
Advice would be much appreciated. Realise not much to go on as client emailed the final decision just stating she had been contacted again by housing benefit demanding payment. If it does in fact relate to the case dealt with my the LGO what can she do?
Thanks!

ClairemHodgson
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Solicitor, SC Law, Harrow

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JojoMitchell - 01 August 2019 12:20 AM

Awful case by LB Hilingdon on their treatment of an autistic claimant. The LGO has recommended damages for the council’s failings in dealing with an overpayment but a month after their final decision, the client receives another overpayment demand. Not an area that I advise on once LGO are involved so not sure what to advise her. This new overpayment is for the same period as the LGO case but has bizarrely increased.
Advice would be much appreciated. Realise not much to go on as client emailed the final decision just stating she had been contacted again by housing benefit demanding payment. If it does in fact relate to the case dealt with my the LGO what can she do?
Thanks!

back to the LGO

and the press

and the MP

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Appeal/apply for revision in the normal way.  The LGO is concerned with the manner in which HB is administered - delay, rudeness etc - but not the merits of appealable decisions.  The LGO cannot say “the Council must award a certain amount HB” or “this overpayment is not recoverable”.

JojoMitchell
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Disability Law Service, London

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Yes, I’ve advised her to do this. It just seems odd that they have contacted her again for the same reason.

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Just out of interest, the LGO site now shows you a breakdown of complaint type and whether they were upheld etc, which can be searched by council area.

https://www.lgo.org.uk/information-centre/news/2019/jul/mapping-the-changes-ombudsman-issues-annual-review-of-complaints

The overall figure for whether councils put the LGO’s recommendation into effect is 99.4%, so it would be pretty exceptional for a council to knowingly go against them. But as said above, a new overpayment decision isn’t necessarily inconsistent with a successful complaint outcome, the two things wouldn’t usually intersect.

JojoMitchell
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Disability Law Service, London

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Yes it was upheld.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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ClairemHodgson - 01 August 2019 08:43 AM

back to the LGO

and the press

and the MP

and the councillor.