A little off topic but may amuse the housing advisers who like myself believe that Local Authorities are a law unto themselves. I can't count how many times I have shook my head at a Local Authorities apparent contempt at the what is the Law.
For me THIS case typifies the common types of practices used by at least my Local Authority to frustrate those that oppose them. It would have been perfect bollocking had the LA not got away on a technicality.
My Local Authority for instance has never once had the courage of their convictions and gone to Judicial Review, they will always back down after X amount of nagging, but the games involved in getting what should have been done in the first place are sometimes just jolly tedious.
I sometimes wonder if the Local Authority thinks I enjoy composing the letters, emails and pre action faxes that I have to send on behalf of my clients. The fact is I don't. I'd much rather be spending my time helping people with Housing Benefit appeals or advising tenants that their section 21's giving 3 weeks notice aren't worth the paper they are written on or telling the little old lady that she is in fact an assured tenant as her Landlord forgot to give her a section 20 when it was required so many years ago.
My Local Authority thinks I threaten and use litigation a lot.
I've come to the decision that they haven't seen anything yet. I have tried to negotiate with them on every case but give them an inch and they take a mile. Not anymore.
Sad days.
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4 comments:
Perhaps I think too much like a litigator.
The pre-action stages of a JR are not a drawn out 'nagging' stage for me - the pre-action letter sets out the required response and the deadline. If it doesn't happen and in time, off goes the JR application. No 'negotation' - they comply with their legal duty or we issue - full stop.
Mostly, the LA folds post-issue, but not always.
But then, I do enjoy 'composing the letters' etc. I enjoy the challenge of setting out precisely the failure to act lawfully and precisely what they have to do to rectify it. Unless the LA is being particularly stupid, it can be a serious, cutting-edge challenge and that I really enjoy.
Obviously, the client's interests come first, but hey, call me a lawyer, the detailed stuff of a challenge is what I enjoy.
I have noticed quite a difference between LAs that have faced a lot of JR applications and those that haven't. Making repeated JR applications, sadly, is one successful way to get an LA to face up to its duty.
As to the LA being huffy about your approach - tough. If the LA thinks you threaten litigation a lot, it sounds suspiciously like they haven't faced serious opposition (apart from yourself, of course) for a long time. So be consistent and clear in your threatening - and be prepared to follow each threat through. get a quick advice and grounds from Counsel and issue straight away.
Thanks for the comment Nearly. I think you're dead right. Sadly I think my natural litigating ways have had to have been tempered by my the not really independent CAB where I work.
Like working with one arm tied behind my back which I can't accept anymore.
Sorry for the somewhat garbled comment - late on Friday syndrome, I'm afraid.
All I was trying to say is that, in a rather sad way, I do enjoy the pre-action stuff.
I stand by what I said about setting and keeping to a tight timetable on the pre-action to issue stage. It is the best way to avoid getting distracted or bogged down in 'negotiation'. But then perhaps I am too much the litigator in this.
I also stand by the unfortunate truth that there is often a visible difference in the behaviour of LAs that have faced a lot of JR applications and those that haven't.
It must be incredibly difficult trying to actually get things done where your managers actually care about having the LA's good opinion. This is precisely why the LSC's CLAC option, usually involving LA funding, is no substitute for independent legal aid funded solicitors.
Ty Nearly and it wasn't a garbled comment, at least I didn't think it was :)
It doesn't sound like your too much of a litigator, I'm just jealous because of the pressure on me not to be which is just ridiculous really as I've tried to highlight in my other CAB's aren't really independent posts.
Still sod the manager as to be honest negotiation is pointless and only strict and well written JR threats seem to get anywhere.
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