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Housing benefit appeal - Stall tactic

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  • Housing benefit appeal - Stall tactic

    Hello!

    Assume A appeals the notice refusing her housing benefit. A sends the appeal notice to the local authority's decision maker (who is obliged to forward the notice to the tribunal "as soon as practically possible") and then nothing happens. Silence. Stall tactic.

    A could of course complain to the council. Assuming still nothing happens: What are A's options? Can A ask the tribunal for permission to send the appeal directly to the tribunal bypassing the local authority decision maker?


    Thanks!
    Tags: None

  • #2
    Re: Housing benefit appeal - Stall tactic

    Hi .....

    I worked for 23 years for a local authority and was closely involved within the benefits system. I have actually never heard of such an event happening and while admittedly councils do make mistakes ( including correspondence 'stuck in the workflow system ) such complaints normally follow claimant error.

    The question is really quite brief and in reality should encompass why the claim was refused and why an appeal was thought necessary. I have to say that local authorities don't accept defeat gracefully although I would always argue the point on behalf of a claimant if they had substance to their claim.

    If this reflects a real life episode, then I suspect that local authority spending cuts are taking their toll and there is simply not enough manpower to ensure that ensure that 'stall tactics' need to be addressed. The local authority that I worked for was responsible in every way towards such complaints but I cannot guarantee that is universal. MY view is that local authorities should have absolutely nothing in their 'work flow system' that has been ignored. However, the system only goes one way and I cannot imagine an appeal being brought directly to the Tribunal as the Tribunal's decision must be based on evidence to date rather than alleged stall tactics. MY advice would be ( and I have recommended this many times ) to send the complaint direct to the Councils CEO who should never rest on his laurels!

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