Reply To: claimant won his appeal and now wants to claim for damages

Pete Mc

If people want compensation for a decision we've made, I generally send them down the complaint route and let them take that as far as they want to go.  Sounds like you are already at Ombudsman stage with this so I would just treat like any other Ombudman case. 

You've refused HB in good faith and that decision has been upheld by numerous tribunals previously.  On this occasion you have refused again, claimant has exercised his right of appeal and you have complied fully with your responsibilities regarding the appeal process, assuming you have got it to tribunal in a reasonable timeframe.  Can't see the Ombudsman having an issue with this if you have done everything correctly and in a timely manner.  That's the whole point of having an appeals process so that, if you and the claimant can't agree, an independant tribunal gives their judgment.  A judgment you have implemented (again in a timely manner, I assume) and have not disputed.

If he actually wants to sue then that is up to him and then it would be dealt with by senior legal people in your LA, I would think.  I'm guessing that this would be time consuming and costly for him and, by the sounds of it, he doesn't seem to have much of a case so I don't see it happening.