Local authority failing to comply with the law

jacqui_o

Registered User
Jun 21, 2011
10
0
Our local council is not complying with the law, in particular HGCRA 96 section 36.

This relates to disabled grants and the fact they must be completed within 12 months.
I have written confirmation that they will not be carrying out the grant in the 2011/2012 financial year.

Now the law is quite clear onthis, THEY MUST COMPLETE THE WORK WITIN 12 MONTHS.

Unfortunately the cost of taking them to court as a LIP would be around £15,000, which we cannot afford , nor can my mother and sadly she does not qualify for legal aid.

Now I am sure that I am not going ot be the only one in this situation, many others are going to be finding this out,.

It took them almost 2 years to carry out the ot assesment...

my view my council and local authority like many others are taking advantage of the fact we cannot afford to mount legal challanges....

my mother has me to fight for her, but guess a great many do not have anyone, given all the cuts backs this situation is not going ot get any better but in fact much worse.

I have contacted 2 local papers sadly they have totally ignored me not even responded.....

Am desperate to get this out into the wider public domain for publicity for all sufferers and carers, the caring role is difficult enough without the added pressures of no support from local authorities..

Sadly it looks like my only alternative will be to have her taken into care much earlier than was actually necessary and this will be a dam site more expensive that a bathroom conversion.....

Anyone else finding these problems?
 

jenniferpa

Registered User
Jun 27, 2006
39,442
0
Hi and welcome to Talking Point.

I have to say this isn't a specific issue that I have seen mentioned on the forum, which doesn't mean that someone might not have experience with it. I know of people who have received grants, though, so possibly they might post in response.

Have you contacted the Help Line? http://www.alzheimers.org.uk/helpline They might have some suggestions for you.

I do have a couple of 'clarification' questions though based on a very sketchy reading of the legislation. When did you actually apply and where was that in relationship to your council's fiscal year? I ask because I have noticed references to both delaying of such payments and deferring. I don't know whether is legally possible for a council to do both: that is give a notice of delayed payment (which can apparently be up to 6 months) and then defer (for the 12 months you mention).

Don't misunderstand - I have next to no knowledge about this, and of course this doesn't make it any easier for you to deal with, but if the council can legally (just) put you off in this way, then while massively unfair it's as well to find out ASAP so that you don't waste what I am sure are limited energies fighting a futile battle.

Actually, as a matter of interest, has social services assessed your mother with regard to care placement? I ask because I suspect (but do not know) that if it comes down to a care home at say £450 a week as opposed to a grant you might move to the top of the pile.

Best wishes
 

Bob S

Registered User
Mar 24, 2009
392
0
Welwyn Garden City
Have you gone through the complaints procedure, including going to the local government ombudsman? Getting the local MP is a good idea and it might be worthwhile contacting local councillors too and see if they will get involved.
 

jacqui_o

Registered User
Jun 21, 2011
10
0
They received the referal onthe 21st December 2010.. the new fiscal year started in April 2011..they did not reply till the had the new budget.... The letter is very clear it is not a deferment but straight out refusal.....

You must have the same thought process as me......... my next move is to insist theynow place in care , that way she will be able to have a sower every day.......

Yes have complained tothe council, and the LAO and the ombudsman, have appointment with mp onthe 9th July and have contacted the loacl paper.

Unfortunately East Anglia is the worst county in england and apparently this town the worst int he country.. this is from industry insiders.....

Thanks for you suggestions and replies it is greatly appreciated.

Jacqueline
 

Bob S

Registered User
Mar 24, 2009
392
0
Welwyn Garden City
Jacqui,

Would the town be where a football team known as the tractor boys play their home games and are you dealing with the county council of that county?
 

jacqui_o

Registered User
Jun 21, 2011
10
0
Ha ha it would be that county butnot that town I am 42 miles north of it:):) butknow it well...

It is Waveney District council......

made my comp to council. they CEO emailed me guarenteeing that withinthe required 20 workign days woudl ahve my response guess what.... lol nope....

have complained ot the Ombudsman, who said try the council first... done that now going back to them with the email and the fact zilch.....

have a meeting with MP tomorrow but really would love to get thisout into the press.......anyoen know any journos who would be sympathetic? or papers that owuld actually run a story...
 

jacqui_o

Registered User
Jun 21, 2011
10
0
Thank you so much for thatlink, I did nto know about it...... having read it, have done all that with the exception of the minister for health and section 7D...

will do that as well, and will also add that in what I am goign to say to the mp tomorrow...

Thank you
 

jacqui_o

Registered User
Jun 21, 2011
10
0
Well saw MP on saturday, he was fairly nice..... made allthe usual and normal sound bites....

has offered to come out and see the house and mum, his reasonis it will make him more aware of the situation and bve able to speak more ellowquently ont he subject...

He alsotold me that if I took ti to court would win ( already knew this) and jusgement would be awarded, but the defence the local authority would submit was thats is all well and good, but makes no difference we still do not have the money.
He also began explaining the "countries" financial position.....

My response was whilst I appreciate this, am quite sure over the coming months when peopel due to rising fuel costs have tomake a choice between council tax and gas and elec... they will choose fue;l.......... will the council accept /... sorry butthe funds just donto stretch as far as you.. I think not...

He is contact them too ask why in some of the recent letters they claim it is not a complete application despite being 47th on the list!!!!!!!

That was fine, but just to make my position clear, I amnot going to allow this totrundle on for months and months . if not resoloution is forth coming in the near future then will insist on 24/7 residential care.

Hang on thats is very serious, ( weas tempted to say no ****e sherlock but did'nt) yes it is... how much will the DFG cost......... not had estimates but am guessing 2-3000 max.....

Think it would cost that per month alone for 24/7 care so we will see what happens.
 

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