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Not sure if the following recent decision by Deputy Commissioner Mark might be useful.
In CH/3497/2005 he considers the delay by a local authority in referring appeals to the Appeals Service and holds that -
'Under Article 6 of the European Convention on Human Rights a claimant is entitled to have his appeal heard within a reasonable time by an appeal tribunal. It is of crucial importance to many benefits claimants to have their appeals heard very promptly. This is clearly liable to be the case in housing benefit disputes, where delay could cost them their homes. In this case, it would seem that at least in the case of the two 2003 appeals, and possibly also in the other cases, the claimant may have been denied a hearing within a reasonable time by the local authority’s failure to forward the appeals promptly to the Appeals Service.
Under section 6(1) of the Human Rights Act 1998, it is unlawful for a public authority to act in a way which is incompatible with a Convention right. 'An act' for this purpose includes a failure to act (see section 6(6) of that Act). I have not sought or received any explanation from the Harlow District Council for the delays in the processing of these appeals, but it appears to me that it may well have acted unlawfully at least in the case of the two 2003 appeals.'
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