Council disregard Tribunal's decision.

bilabonga

How can one proceed when Council disregard Tribunal's decision?

pmlindyloo

bilabonga wrote: »

How can one proceed when Council disregard Tribunal's decision?

You'll need to give us more information than this

What was the tribunal decision regarding? What did the actual decision say?

What has the council said about the decision? Are they appealing it or just ignoring it? How do you know this?

NYM

It may be something to do with a previous post?

https://forums.moneysavingexpert.com/discussion/comment/69293148#Comment_69293148

bilabonga

It was regarding backdating the decision on HB. The Tribunal accepted the appeal. The Council has not replied to that decision, just ignored it. Several months have passed, so I assume that they certainly do not have any right to appeal now.

pmlindyloo

Have you telephoned the council and asked about the back payment of HB?

bilabonga

No, but the Tribunal on request of the claimant sent them the decision again, so they certainly received it.

Anyway, are there any procedures for claimants in cases like this, i.e. when Councils ignore Tribunal's decisions?

pmlindyloo

bilabonga wrote: »

No, but the Tribunal on request of the claimant sent them the decision again, so they certainly received it.

Anyway, are there any procedures for claimants in cases like this, i.e. when Councils ignore Tribunal's decisions?

To be honest you do not know whether they are ignoring the tribunal's decision.

It could be that they are appealing to the Upper Tribunal - my understanding is that although there are time limits for both the council and a claimant these time limits can be extended.

My understanding also is that the council should have written to you if they were appealing to the Upper Tribunal.

There is absolutely no point talking about 'procedures' in 'cases' like this.

If I am understanding you, you do not know what has happened. You are assuming that they are ignoring you.

You must telephone them and find out what is happening.

There may be all kinds of reasons for your not receiving your HB back pay, from their appealing to the UT to a stupid administrative error.

Telephone them and find out

parkrunner

bilabonga wrote: »

No, but the Tribunal on request of the claimant sent them the decision again, so they certainly received it.

Anyway, are there any procedures for claimants in cases like this, i.e. when Councils ignore Tribunal's decisions?

Yes, in the first instance do as post 5 alludes to.

bilabonga

pmlindyloo wrote: »

There is absolutely no point talking about 'procedures' in 'cases' like this.

I disagree with that statement. Unless you mean that there is no point talking about this, because there are no such procedures, yet. That would be weird though.

I agree that it is best to contact the Council first, but still such cases when Councils ignore Tribunal's decisions certainly happen, so "what claimants can do in such cases" is a valid question.

NeilCr

I'd be asking the Tribunal Service themselves that question. At the same time you could check on any contact between them and the council

I guess it's possible that if the Council are ignoring the decision you may end up in their complaints system. I'd have been chasing hard, myself, if the decision was several months ago

bilabonga

NeilCr wrote: »

I'd be asking the Tribunal Service themselves that question.

The Tribunal already have received such question, and the only thing they did was to send the decision again to the Council, but they have not replied to that question.

However, the Tribunal along with the decision sent an information which says:
"Unlike the courts, the Tribunal has no legal powers to enforce its decisions. If you have won your appeal and the decision requires the department or council to pay you benefit, the Tribunal will not be able to assist you to compel payment."

BTW, can one demand an interest for late payment in such cases?