I've just started working for a Housing Association after 10 years at a CAB. The majority of my cases are obviously HB now. Unfortunately the local district council says that they cannot release any information to me about my clients cases apart from how much benefit they are entitled to.

I've been using a consent form, based on a CAB consent form, giving signed authority to take up enquiries and recieve information on the clients behalf. I've said if this is not sufficient we can re-draft it.

The district council says I work for the landlord, so cannot be given any other information, even if the client requests that they do.

This does not seem correct to me, so I'm interested in the experiences of other HA benefits advisers and the policies of other local authorities.

If it is correct, how do the other benefits advisers manage to do their jobs?

Thanks Kate

I too had worked for 4 years at CAB and I'm now employed by a number of Housing Associations. We have, so far, not had any problems obtaining information using the consent form. On our HB application forms it asks the Landlord to sign a consent form allowing the HB section to gain client information from the landlord. So as long as you have consent from the client you should be able to get the information requested.

Can’t think of any reason why they would not pass information just because you work for a HA. Do the say the same to other agencies like CAB or solicitors, or is it just HA?

Its just the HA.

At the CAB I dealt with the same district council using consent forms worded in the same way - there was no problem with getting the information that I needed to help clients with their claims.

The district council are saying that as I work for the landlord the information that they can disclose is restricted.

They're quoting D3 of the guidance saying that under the data protection act they can't give info to a landlord.

I've read D3 - I would argue that as a benefits adviser I came under the heading of someone acting on the claimants behalf.

I would also argue that the section for landlords says don't give information with the claimants written consent - which I've got.

So looking for tactics - interpretation of regs etc.

Good to know it's not standard policy - for a second it looked like my job was going to be impossible to do.

Could you provide more information on D3? Where can we get to see D3 of the guidance?

Thanks

Its the final part of the Housing Benefit and Council Tax Benefit guidance manual which can be found on the DWP website.

this link should take you direct to D3 (if it works)

www.dwp.gov.uk/housingbenefit/manuals/hbgm/parts/ptd_03b.asp#d_350

Kate

There are dozens if not hundreds of welfare rights advisers working for housing associations up and down the country - I've worked for Notting Hill for 30 years - and this is the first time I've come across this. It's ridiculous - of course you are entitled, as the claimant's representative, to exactly the same information, documentation etc. as you would if you were working for the CAB or anywhere else.

I suggest using the Council's formal complaints procedure, or a letter straight to the Chief Executive - with a view to going to the Local Government Ombudsman if this doesn't produce a result.

In the meantime, get the claimants to ask the authority to send any paperwork direct to them - a pain in the a***e, I know, especially as I presume some of them live miles from nowhere - then get them to give it to you, then you can report yourself to the Council for having information which they say you're not entitled to.....

Now I might have worse eyesight than I thought, but I can't see where it says the LA cannot give information, even with a signed Authorisation, because you work for the Landlord: 3.430 certainly doesn't say that - so I don't know what hymn book they're singing from, but it's not the same one I'm looking at.....

Landlords
3.430 Do not give information to the claimant's landlord without the claimant's written consent, unless a rent allowance is being paid direct.

3.431 Landlords may supply information, for example they may tell you that a claimant is not paying rent, which leads to steps being taken to protect public funds, see Third parties above.

3.432 Authorities should avoid giving any information unless it is necessary to establish the relevant facts. Normally it should be enough to advise the landlord that the matter will be looked into. The matter should then be taken up with the claimant.

I would say that the form of authority should cancel out the procedure/guidelines. I agree with bobkirkpatrick and think you should make a complaint.

Thanks for highlighting this to us jaykay. We will be prepared should our LA pull this stunt!

Good luck.

In the process of writing a complaint

They've just changed tack and said its the Housing Benefit regulations not the Data Protection act that stops them from giving out the information.

However they've not been able to quote which reg yet - what a surprise.

I get the impression that they really don't want me helping tenants with their Housing Benefit claims and appeals.

Kate

Does your HA have a Service Level Agreement with the LA? If so is there anything in it about exchanging information?

Not saying that we are perfect but we have SLA with a number of local RSL, all with the aim of working together to make our respective jobs easier.

Email me at p a d l a r d @ o x f o r d . g o v . u k and I'll get a draft to you.

Thanks to everyone for their help.

Just had a meeting with LA, and they've agreed to disclose information, with a carefully worded consent form.

Kate

Hi Kate

Glad to hear that, well done!

You say with a carefully worded consent form. Is it possible to show me a copy of this? After you highlighted this I get the feeling our LA are going down this route and what you have agreed would help. My email is pmackinnon@linstone.co.uk

Thanks
pat