Need abit of advice on a case that I've just been handed in a right mess and the client is on the verge of going to prison.
I have a client who held a Local Authority tenancy from July 2002- 29/09/2003. Everything was going fine until she fell pregnant and 11 weeks before she was due to give birth she changed from JSA(IB) to I.S. In June 2003 when JSA(IB) stopped DWP sent NHB5 to HB stating JSA(IB) had stopped. HB + CTB was cancelled. Rent arrears and Council Tax arrears started to build up. First client knew of it she started to get court warning letters of eviction. She states she kept ringing HB but to no avail. In Sept 2003 she was evicted for rent arrears!
(According to HB computer system) In April 2004?? out of the midst another NHB5 landed at HB stating I.S. had commenced on 16/06/03 (the day after JSA(IB) had stopped). HB wrote to client at her new address(living with parents now) and invited her to claim HB. She ignored letter as she was living with mum and dad now.
One night, now in June 2005 she is stopped by the Police by chance and arrested as outstanding warrant for her arrest for failing to appear in court when summond.
To cut a long story short court letters ref unpaid Council Tax sent in error to old address so client knew nothing of court case.
Any way looking into the case i conclude 'Any time Revision' on 3 grounds;

1) When client kept phoning once HB was stopped an Local Authority Officer commited 'Official Error' by not making enquiries to DWP about change in benefit?

2) DWP Official Error in time delay of 7 months in sending through new claim NHB5?

3) And most importantly, HB official error for not using information on April 2004 NHB5 to revise decision to stop HB & CTB in June 2004?? They wrote to customer to invite new claim but customer should not have had to make a new claim( for the previous tenancy), claim could of been revised?

Is there anything else anyone can thing of i've missed or should consider?

Thanx
NH

I would add a further ground of official error, in that when an award based on receipt of IS/IBJSA comes to an end, the authority are supposed to invite the claimant to make a new claim.

Bearing in mind all that has happened, and that fact that client has incurred additional stress and hardship, and actual financial loss (court costs), I would be inclined to put all this in a complaint to the authority. After all, client has left that accommodation now. A complaint to the authority can be followed up by a complaint to the LGO who have the power to award compensation. If the errors are clear, for example, the LA acknowledges the claim was mishandled, the chances of a compensatory award would be quite high.

LGO would probably ask your client why she didn't follow up her contact with the local authority when nothing happened, and why she didn't report those changes of circs herself; so this is something you will need to ask.