I remember reading some time ago a discussion about if a Benefits Authority cannot provide documentation to show how they came by their decision then they cannot impose that decision.

Anyone remember the outcome of the discussion or now can point me in the right direction.

Many thanks

Jservice:

Not quite sure if your post is referring to file docs detailing how a decision came about, or, notification letters. So, I'll address both:

1) DWP seem to have more "infrastructure" in terms of file info when compared to LAs. Most LAs don't normally have the same degree of file documentation. There is no legal requirement for that to be the case and CDs tend to indicate there is not (normally) a requirement for that kind of record - there may be the odd exception where the LA's position appears to conveniently shift as time goes on....

2) There are at least two CDs (can't recall them off the top of my head) where, so long as the LA can show a notification letter was sent, there will not necessarily be a requirement for the LA to produce a copy of an actual notification letter. Hard to believe, but there are still a few HB computer systems around that don't retain copies of notification letters. HOWEVER, it would be reasonable to ask the LA to produce a "sample" copy.

Hope the above helps.

Regards