Thu 04-Jun-09 08:32 AM by Kevin D
I'm wondering whether or not the clmt notified the LA of her change(s) in circumstances.
My advice is to ask the LA for a FULL statement of reasons and for the following info to be provided:
1) evidence of who notified whom of what and when and, if different, how / when did the LA become aware of the change(s)
2) what regard, if any, has been given to ALL of the provisions under HBR 7, including (but not limited to), the provisions relating to absence through fear of violence.
3) if the LA has decided the clmt had in fact moved, all of the evidence and information relating to the basis of such a conclusion
4) the legal basis on which the LA has decided the o/p is recoverable from the L/L
5) confirmation of whether or not the o/p is also regarded as being recoverable from the clmt. If not, why not?
If a SoR is requested within one month of the date the notification of the decision was sent, the remainder of that month is put on "hold" until the SoR is issued and an appeal can still be made within that remaining time. Or, if that remaining time is less than 14 days, an Appeal can in any case be made within 14 days of the SoR (Schedule 1 to the FtT procedure rules).
On the face of it, if the L/L was not aware of the change and had no reason to suspect, my (strictly initial) view is that the o/p is only recoverable from the clmt, not the L/L - this would follow HBR 101(2), with HBR 101(1) being of no effect.
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