I am wondering if anyone has experience of decisions made within local authorities resulting in Welfare Rights Officers being unable to represent at HB & CTB appeals. Currently we represent in all cases of this sort and have generally had a very good relationship with the HB/CTB Presenting Officers from our own authority. We try to put the case to them at revision stage and submit extra supporting evidence where appropriate. However I think that there is a likelihood that at some point in the future this may stop due to perceived conflict of interest between ourselves and our finance department. This is despite the fact that we are there to wholly represent our client and to clarify and present their case in the best way possible and to help see that a correct result is made in terms of the law.

Can anyone advise whether this has been discussed or decided upon within their authority and if so what the outcome was?

Thanks

Craig

Our Welfare Rights Unit used to represent at appeals. As far as I know it was never a problem. They don't do representation anymore but that was due to changes to the service - nothing to do with any conflict of interest.

I think that with appropriate safeguards it should work fine. It is only an "issue" around conflict of interest if one sees appeals as adversarial battles to be "won" or "lost" rather than simply opportunities to clarify the law and make fair decisions.

Thanks Andy

That was my thinking as well since an inquisatorial approach should be adopted to reach a decision. Has anyone got any caselaw on Presenting Officers role as Amicus Curiae? I seem to remember Neil Bateman asking the same question a while ago and not getting a response.

Thanks

Craig

there is a discussion of some of the above in CSHC/729/03. If you want a copy post fax no.

Thanks for the offer Chris. I already have CSHC/729/03. I take it there have been no further relevant decisions since?

NAWRA recently did a survery about this. I don't have the results to hand, but I assume it will be on the website - www.nawra.org.uk