I want to ask CHB to make an interim payment. The initial response (on the phone admittedlt!) was " Oh we never do that".
I think this is fettering discretion, which could be challenged by judicial review.
I've never done a judicial review before, nor have any of my colleagues. What steps do I need to do? I have a copy of the letter before JD from DCA website. Does client need a solicitor?
Carol

Client will def need solicitor or Law Centre because Legal Aid is required to cover HB's costs if you lose. While you can write the letter before action yourself it might not be appropriate to do so until you have written an initial letter as I've said below. Also, and this is purely a matter of tactics, I reckon a Local Authority legal dept is much more likely to take a letter from a solicitor more seriously than one from a welfare rights officer. This shouldn't be the case but, in the real world, probably is.

Although technically you do not have to request an IP it is probably a good idea to do so reminding them of the time limits for doing so (which may already have run out by now) and giving them a further short period to comply e.g another week or two. Obviously it is worth checking that they're not waiting for any info from the client.

Another option is to go to the Ombudsman because this is something you can do without worrying about legal aid. Ok, it obfiously doesn't have the force of a High Court order but few local authorities will be keen on the PR consequences of ignoring an ombudsmans report. Again, you have to give the Council the chance to remedy the problem before going to the Ombudsman so a similar letter to the above would be required.

If you have evidence of HB regularly or routinely refusing to make interim payments then it is definitely worth a JR, not just with the individual case but of their apparent policy. Someone like the Public Law Project (don't know contact details but sure they have a website) would be the best people to discuss regarding that.

Thanks Andy, will ponder on this.
My CHB stands for Child Benefit in this case (my auto correct shorthand!).
If I just write and ask for the interim paymnet, I could suggest a solicitor to the client, if they refuse to consider it.

Sorry misunderstood, presumed you meant HB. I think at least some of what I said is still relevant!

Public Law Project 0808 808 4546 M&W 2pm -5pm Tue&Th 10am 1pm

I think you'll need a lot more evidence than an unconfirmed telephone conversation to get to JR on this point. Do you have anything else to support the fact that this is IR policy?

Point taken! The only other proof is that they just refused to consider my (written) request. I would press for a written decision. However, we have found another way round the problem at present for this family so I won't get to flex any JR muscles this time.

What a shame a successful JR is so satisfying.