Verbal permission to discuss HB   claim when claimant present

Good afternoon

I wonder if any other advisers have come across their LA benefit section refusing to discuss a claim even when claimant is present and has given permission.  Our local authority who are normally very helpful and with whom we have previously had a very good working relationship have just adopted this approach. 

The benefit section will give the answers to the claimant to relay to us but not speak to us directly.  When you have a vulnerable/hearing impaired claimant or a claimant with mental health problems this just doesn’t work.  The LA are citing the Data Protection Act as their reason for this. I have asked them what part of DP Act applies here and had no response?  Has anyone any idea for the best approach I can take with this?  For Goodness sake even The Pension Service aren’t this difficult to get through to!

Thanks

Hi
As the issue appears to be a policy change with in my opinion no Data Protection merit, potentially affecting every client (not limited to Sanctuary) who chose/need assistance of a rep - and in this era of partnership working - I would suggest requesting a meeting with the LA dept manager to discuss the issue. Friendly rather than adversarial may be the best approach especially since I’m guessing you need to liaise with them frequently.

We had success taking this approach with our LA (different issue but similar negative impact to clients) and it did resolve the issue and in fact has helped improve relations with other depts in the LA.

Chaos

If the friendly approach does not work, try contacting the DWP who issue the HB guidance (including working with reps) and the Information Commissioner.

A few years back I had a similar problem with our LA who would not give me any information even when the client had signed a consent form.  The DWP advised me that this was maladministration and obstructing a claimant’s legal representative, and the IC confirmed that there were no data protection issues.

Thanks both for your replied, I will try the friendly approach and if not contact the DWP.  I will let you know how I get on.

Hi Jaykay

Do you know who to contact at the DWP for this guidance? 

Thanks

If any of these approaches arent successful then you could support one or more of your clients to complain to their councillor.
That should get the issue resolved fairly sharpish.