Where a claimant has asked for rent to be paid direct to the Landlord, is there a Guidance or preferably a Reg which allows the HB section to talk to the Landlord about the progress of a claim?

I have a case where the Landlord, being sympathetic, took in a client with mental health problems. Being conversant with the system he helped the client fill in the claim form. As the LA seemed to be taking an inordinate length of time to process the claim, the landlord tried to talk to them - explaining that he wasn't asking them to disclose any client details as he already knew them - he just wanted to know when he might expect some payment.

Even though he explained the fact that he has as much an interest in the claim as the claimant, they refused point blank to talk to him............

The claimant can give permission for HB to talk about the progress of the claim with his landlord.

The HB claim forms I complete here have a section for the claimant to sign if they agree that the HB office can talk to the landlord about the progress of the claim.

The claimant could appoint the landlord to act on their behalf. Reg 71 HB general regs 1987.

Strictly speaking, the LA are probably correct - DPA will apply to information about the claim until a decision has been made (including who HB will be paid to).

However, over a long period of time, complaints about delays / lack of payments have regularly been entertained by other LAs and, ultimately, the Ombudsman.

So, in this case, I'd write a polite, but firm, letter pointing out that the clmt has requested payment to the L/L and, as such, the L/L is a person affected in relation to payment issues. Depending on how you judge the situation to be, it may be worth heading the letter as a formal complaint.

Regards

Duncan,

I can think that there is just the chance for a conflict of interest that might arise from your suggestion if the claimant appoints his landlord as an appointee. E.g.

Landlord - "Can I put your rent up".

Tenant (landlord) - "Yes of course you can".

If the person has mental health issues, they will have social work involvement. From 3rd July, all social services departments will have a statutory duty to provide (or enable access to), advocates to enter the social services complaints procedure. If a complaint were made by an adult service user to the social services complaints team, and the accommodation had in any way be supported, referred or in any way had the involvement of any social care staff, then the issue of delays in HB would be an area that I would want to co-work with the HB section, to ensure it was resolved, and the complainant would have an advocate to enable them to make that complaint, along the lines of;

"You referred me/made recommendations, had some involvement getting me into, or supporting me in this property, and now I can't pay the rent, because... As a remedy to this complaint I would like you to tell me how to pay the rent, and prevent my landlord from....".

Hope this helps (p.s. I involved in social care complaints (Children & Adults) at the moment, and that is why I am aware of the changes in the provision of advocacy services from 3rd July. The advocacy duty will have statutory effect, and will be in forthcoming statutory guidance from the DoH entitled 'Learning from complaints'.)...