LA refusing to listen to fTT

I posted this under “appeals”, but it probably should have been here.

The LA claimed an overpayment of HB/CTB relating to June-September 2010,and recovered it from the claimant, and stopped paying benefit. We appealed to the fTT tribunal 28 June 2011, and the fTT ruled in our favour.

On 2 August 2011, the LA applied to have the decision set aside, and the judge refused. They then asked for a statement of reasons, which was issued on 2 September 2011.

As of today (8 December 2011), no appeal has been made to the UT.

The LA still refuses to pay the claimant the £2700 owed to him for the period. The refuse to provide a reason for this, other than “it is being processed”. The fTT claim that they can not enforce their decision.

What is the next step? The fTT suggested writing to the MP or the LGO. Is this my best (only) option? How long is it likely to take this way? Is an alternative to go to Small Claims Court?

Thanks for your help.

Andrew

tiekey - 08 December 2011 05:34 PM

.... writing to the MP or the LGO. Is this my best (only) option? How long is it likely to take this way? Is an alternative to go to Small Claims Court?

I agree.  Formal complaint procedure first, then to the LGO and, eventually, small claim.  Copy in local Councillor and MP.  Conceivably, you could ask the FtT to refer the case to the UT on the basis of contempt - s.25 of the Tribunals, Courts and Enforcement Act 2007.

Judicial review? If claimant is leagally aidable. Public Law Project may be able to assist.

I personally prefer Kevin’s idea of asking the first tie tribunal to refer the case to the Upper tibunal for contempt.

Sometimes ftt tribunal judges need reminding of their powers,. (I recently managed to successfully get a direction requiring HMRC to accept an appeal.  Aftt judge initially declined to accept jurisdiction, but on re-application another judge did accept jurisdiction)