Council disregard Tribunal's decision.

NeilCr

bilabonga wrote: »

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?

In which case, as I said, you could end up in the council's complaint system. As others have said ring them and ask them. If they are ignoring the decision then start complaining

bilabonga

That was the plan from the beginning, just thought that there might be some specific procedures for that (that perhaps such complaints should be send somewhere higher than to the department of Council, which ignores the decision).

This Council is often very negligent, therefore I have no troubles believing that they just ignore the decision with no good reason.

pmlindyloo

bilabonga wrote: »

That was the plan from the beginning, just thought that there might be some specific procedures for that (that perhaps such complaints should be send somewhere higher than to the department of Council, which ignores the decision).

This Council is often very negligent, therefore I have no troubles believing that they just ignore the decision with no good reason.

If after telephoning them they are indeed ignoring the tribunal decision then you could follow the procedure in the link below (similar case).

Having said that, in view of the fact that the letter stated that the council cannot be compelled to follow the decision, it would probably be worthwhile getting some advice from CAB (or similar) if the regs quoted are current. The link is a couple of years old.

http://www.rightsnet.org.uk/forums/viewthread/6420/

NeilCr

http://www.lgo.org.uk/make-a-complaint

This is what the local ombudsman says about complaining about a local authority

I just had a quick look at my council's website and their complaints procedure is pretty clear (very clear for them!). They have a designated officer in each department who deals with complaints.

In general, I have found that higher authorities (courts, ombudsmen etc) like to see that you have made a reasonably decent effort to resolve the matter before involving them. I'd agree with pmlindyloo about seeking further advice but do think you need to contact the council next. If you get nowhere on the phone it might be worth writing to them - keeping a copy etc as proof

Out of interest why has it taken so long to chase this up. As I said I'd have been on the case straight away if it was me

CIS

If the council are ignoring the decision then that's a problem if however they are only suspending implementing it until a a further appeal is made then that's a different issue.

Craig

CIS

The Tribunal,Courts and Enforcement Regs currently govern tribunals - http://www.legislation.gov.uk/ukpga/2007/15 - the details may be hidden in there somewhere.

Craig

Mersey_2

Sadly, this is fairly common.


Although more so with the DWP than local authorities.


The successful Appellant (yourself) should request a further copy be sent (as you have already done).


You can then complain to the Local Govt Ombudsman or your MP.


The local complaints system does not apply where a council has already lost and still not implemented the decision of the First Tier Tribunal.

NeilCr

Mersey wrote: »

The local complaints system does not apply where a council has already lost and still not implemented the decision of the First Tier Tribunal.

Have you got a link for that information. Genuinely interested as I couldn't quickly find one

I am still inclined to the general view that the OP should contact the council to ascertain what they think is -or is not - happening