I have a report from another agency of high levels of refusals of JSA (SHP)s to young people of NFA. s16 of the JSA Act contains no restriction, and nor am I aware of one in the regs. In fact the May 2008 DWP (SHP) Guidance makes it clear there should be no discrimination against those who are of NFA.

How should this be tackled? Thought about liaison visit to JC+, and allude to possible JR etc. Also thought about having a word with the Sheffield nerve centre for SHPs, but cannot find the number. Does anyone know the number and/or have any ideas?

Thanks

Steve

My recent sample of one may interest you. 16yo, pregnant, NFA and sofa surfing, estranged, registered with Connexions, etc refused SHP on application and review. I've been through the criteria and can't for the life of me see why. Rang local JC for an explanation and was told they have been advised by Sheffield not to give explanations, even though she admitted to knowing the reason, because "they may come back with further evidence or different grounds" (I'm praphrasing but not much). Reluctantly JC did say send in a written request for an explanation and we will forward it to Sheffield. Faxed in the request, waiting for a response.

Hi there Brian,

Not giving the reasons for a decision because of the risk of the reasons being challenged in some way is simply outrageous, and is in my view indicative of a gross abuse of discretion. Would your client be up for a JR? If yes do you know of a local solicitor who would crank one up on legal aid? I bet the serious threat of one would be enough. I suppose the MP might agree to intervene. Might there be a human rights angle?

Unless, ousted by statute or there or there are sound public law reasons for not doing so, there is a common law duty to give reasons for a decision even where that decision relies on discretion. I'd be writing to the DWP solicitors office if it where my case.

Thats a very good idea.