Liberata as contractor to local authority are refusing to forward submission although we are clearly noted as reps on GL24 which is signed by claimant.

Anyone else having problems?

Is there anything in HB guidance, service level agreements etc that says LA or its contractor should send copy to authorised rep?

We have made formal complaints etc.

Don't see why claimant should have expense of copying / posting submission to us or a 40 mile round trip to collect it!

Out of curiousity, on what basis has the LA (or its contractor) refused to supply a copy of the submission to the rep?

This info may have a bearing on a more constructive reply, hence no suggestion(s) yet.

Regards

Now that is the $1M question - no reason was given except I have been advised (presumably by a manager) not to sent it. There was some nonsence about no claimant authority, but when authorisation on GL24 pointed out - back to reason one!

Aside from the legal issues, this sort of behaviour just wastes everyone's time.

The LA remains responsible for legal duties even when they have contracted out HB functions ("Delegatus non potest delegare"). In the same way the LA is still bound by principles of Natural Justice and Equality of Arms (which are two principles potentially breached by refusing to send a submission to a Rep). In addition, the representative also has "...all the rights and powers to which the person whom he represents is entield" in relation to an appeal hearing. (Reg 49 (8) D&A Regs). As the appellant has the right to receive a submission, it surely follows that the representative must be sent the submission because the papers are so fundamental to a hearing?

The principle has been universally accepted by the Local Government Ombudsman when dealing with complaints about delays in processing HB claims by HB contractors and it has also figured when people have threatened judicial review in cases involving delays by HB contractors (eg Lambeth & Hackney a few years back). It is the LA which is censured and liable even when the contractor fails.

Even though this principle may be lost on the LA, it would be worth pursing a complaint through the LA and thence possibly to the Ombudsman.

If nothing else it also raises questions of the throughness of LA's contract monitoring?

We deal with Liberata too and have never had this type of problem - we always receive duplicate copies of all correspondence sent to the client, not just the submission.

I'd complain in the first instance to your LA director of finance.