Reply To: Issuing notification of decision

nick dearnley

The problem with this is that if a claimant doesn’t receive a decision notice, the decision might be treated as not having been made – I’m thinking of those Cmmr & UT cases where ‘the LA purported to make x decision on y date, but did not write to the claimant to tell them….’ where it is usually held that in such cases no decision has been made until communicated to the clmt.

Usually I would send the notice to the last known address – the clmt may have mail forwarding, or someone may be able to pass it on, or they may even still be there, or the current occupier *should* return it. I think the GDPR argument is relevant and I agree with markg, but I think it’s a balance between your duty to try to notify and not randomly giving out information to people that aren’t entitled to it.

It might depend on what the decision is – if it’s simply ‘we’ve found out you moved out, you haven’t told us/provided information, so we’ve ended your benefit’ then I think there’s not much in that that another person can do much with. The only thing they might glean is that the previous tenant was on benefit. Granted that is still arguably a GDPR breach but not a serious one. That said, I’m willing to be wrong on that sort of proportionality question. The safest option from a GDPR standpoint is clearly not to send the notice.