Public bodies have a duty to make decisions with full consideration of Human
Rights, including the right to a fair trial and the right to be heard. As
Councils have the power to disallow benefits without having to present evidence
to an independent court they should present the evidence - free of charge - on
which they make that decision to the "accused" (a loose term for me to use and
I apologise profusely). The Benefits Officer will be working from their code
of practice which was written with human rights, DPA, common law and other
legal rules in mind.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
--------
Original message:
In a message dated 18/09/03 14:05:11 GMT Daylight Time,
[log in to unmask] wrote:
> A person has asked to see and have copies of letters,forms, tribunal
> reports, tapes etc relating to his possible Benefit fraud. He has been
> shown some of these before and had letters already sent to him. This
> apparently was normal procedure.
> He has now asked for copes of all the doucments relating to the case (which
> he is entitled to see so the Benefit Fraud Officer tells me, even if he
> hasn't had them all). My question is, do I treat this as a SAR and ask for
> £ 10.00 or just let them go ahead and give him the copies or maybe let him
> come in and look at them and take copies as he wishes ?
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