Welfare Benefits

Welfare Benefit Appeals

Osbornes Law is one of only a few law firms to have a contract with the Legal Aid Agency in the area of Welfare Benefits law. However legal aid is only available for cases before the Upper Tribunal. We can advise whether your case is suitable for such an appeal.

Contact us

Contact

  • “The social housing team at Osbornes is exceptional. The solicitors are highly competent, professional, and committed. It is pleasure to be instructed by them.”

  • “Osbornes Law are a very highly regarded firm who are at the coalface. They are very on top of their cases.”

Welfare Benefit Appeals

Legal aid is only in scope for cases before the Upper Tribunal. This means that legal aid is not available for general advice on welfare benefits issues, or for appeals of benefit decisions before the First Tier Tribunal.

If you have received a negative decision in your first appeal, however, and wish to explore the possibility of an appeal to the Upper Tribunal we may be able to assist you with this under our Welfare Benefits contract.

Our London solicitors also continue to provide assistance in appeals before the First Tier Tribunal and general advice in respect of welfare benefits matters. If possible we will try to agree a fixed fee for work done on your case. In rare cases, we may be able to apply for exceptional funding from the Legal Aid Agency to cover work that is out of scope for legal aid (such as appeals before the First Tier Tribunal), but we cannot guarantee that we will be able to do this in all cases.

There are also various situations in which there is no right of appeal in respect of a decision in relation to welfare benefits, or regarding a policy or rule implemented by a local authority or the Department of Work and Pensions.

In these cases, the only way in which a decision can be challenged is by way of a claim for Judicial Review.

We have set out more detail on this in the FAQs section below. However, as Osbornes Law has a public law contract, as well as a Welfare Benefits contract, we are in a strong position to be able to assist clients by bringing Judicial Review claims in relation to welfare benefits issues in appropriate cases.

How to appeal a decision

In most cases, if you disagree with a decision by a benefits agency, such as a local authority or the Department of Work and Pensions (“DWP”), you have one month in which to challenge the decision. The first stage is to ask the decision-maker to reconsider their decision (in cases involving the DWP this is called the “mandatory reconsideration” stage, and in Housing Benefit cases it is called a “revision”).

If you remain dissatisfied after this stage you will need to make an appeal. In most cases, the time limit for submitting an appeal is one month from the date of the mandatory reconsideration or revised decision.

You should keep a clear record of all correspondence and interaction with the body making decisions on your benefits. Ideally, this should all be in writing. In relation to Universal Credit, most interaction with the DWP will be through the online journal, which will provide a written record of what you and the DWP have said.

High Court decides on uplift to legacy benefits

We can confirm that on Friday 25th February 2022 we submitted the application for permission to appeal to the High Court over the recent ruling on the uplift to legacy benefits. Further information will be posted on our website when received.

Read our full statement on the judgment

  • Osbornes Law represents tenants in the full variety of housing law matters,

    Chambers UK 2024

  • Osbornes Law are a very highly regarded firm who are at the coalface. They are very on top of their cases.

    Chambers UK 2024

  • The Osbornes team is capable and responsive.

    Chambers UK 2024

  • William Ford is the best housing and public law solicitor of his generation.

    Legal 500 2024

  • Osbornes are a fantastic team who really stand out in the market in the fields of housing and social care.

    Legal 500 2024

  • Their mix of private client work and legal aid means that legally aided clients are (unusually) able to access a professional and top-flight law firm and get treated with real respect

    Legal 500 2024

  • The social housing team at Osbornes is exceptional. The solicitors are highly competent, professional, and committed.

    Legal 500 2024

  • A large, experienced, and capable team with in-depth knowledge covering the entirety of housing and homelessness law

    Legal 500 2024

  • The group has developed expertise in several specialist areas, such as advising EU nationals on their legal status and bringing challenges in asylum age assessment cases.

    Legal 500 2024

  • The team has demonstrable experience in advising clients on issues involving vulnerable clients who have claims against local authorities and housing associations.

    Legal 500 2024

  • "The team explains things clearly, is very responsive and goes the extra step to help those who need it."

    Chambers UK 2023

  • "I was impressed and grateful from the very beginning - the team are extremely detailed, very thorough, helpful and reassuring at the same time. I would absolutely recommend Osbornes Law."

    Chambers UK 2023

  • "Osbornes Law is efficient and focused, and clearly prioritises the client's interests."

    Chambers UK 2023

  • ‘Osbornes are very approachable; in a time where many firms are unwilling to take on cases that do not look promising, they are prepared to look at difficult situations and find a way to assist their clients.

    Legal 500 2023

  • "Osbornes is one of the firms that I consistently recommend. Excellent service, and thorough and knowledgable lawyers."

    Legal 500 2023

  • ‘From the very first moment, I was aware and grateful to have been put in touch with Osbornes. The expertise, advice, leaving no stone unturned right from the first minute until the very last, I would most certainly recommend every single time.’

    Legal 500 2023

  • "The associates have a thorough knowledge of the area of law, communicate effectively and are incredibly easy to work with."

    Legal 500 2023

  • "They are a firm that likes a challenge and are prepared to do the groundwork to develop cases, even if it means much preparation without remuneration."

    Legal 500 2023

  • "It is clear the firm put the interests of the client first at all times."

    Legal 500 2023

  • "There’s a real sense of team ethic. It’s clear that internal communication and case recording are strong because if a solicitor handling a case is away the person covering is fully up to speed, has the necessary documents available to them and nothing falls through the cracks."

    Legal 500 2023

  • "If a short deadline comes up on an urgent case, solicitors are active in collaborating to ensure it can be met."

    Legal 500 2023

  • "The practice is ‘undoubtedly one of the best in the business‘ and has a strong reputation for complex disrepair cases and possession claims against local authorities and housing associations."

    Legal 500 2023

  • "Osbornes are an exceptional team. They have a wealth of housing experience and knowledge that is ‘top notch’. Clients are safe in their hands. As colleagues, they have a fantastic working relationship with each other and, feeding off of each other’s expert knowledge, their solicitors work to ensure that no stone is unturned."

    Legal 500 2021

  • "The team at Osbornes is inspired by its leader Will Ford, a truly first-rate, modern lawyer’s lawyer. The team have blossomed under his Will and are now packed with conscientious, dedicated and excellent lawyers who always give their clients 100%."

    Legal 500 2021

  • "Alex McMahon – thorough and committed. Very easy to work with."

    Legal 500 2021

  • "A committed and well-organised team with a good knowledge of the law and who work hard to secure a good outcome for their clients"

  • "Osbornes has an impressive social housing team and the quality of their work that I have seen is very high. Will Ford is a very well-regarded figure in the housing law world and leads a team of high quality and committed lawyers."

    Legal 500 2021

  • "Osbornes provide an incredibly high-quality service to their clients. The firm treats its legal aid clients with the same respect and commitment as if they were important private clients, which is rare and admirable. Their housing solicitors are also highly skilled and knowledgable."

    Legal 500 2021

  • "This is an outstanding firm with great attention to detail. They work tirelessly to achieve the best possible outcome for their clients. They have excellent client care skills and are extremely organised."

    Chambers UK 2021

  • "They are at the forefront of legal developments in the field of social housing and community care. They are committed to using their multidisciplinary expertise to achieve the best possible outcomes for clients."

    Chambers & Partners Directory 2020, Social Welfare

  • "This a great team - the quality of their work is amazing and they are very professional"

    Chambers & Partners Directory 2020, Social Welfare

  • "An exceptional outfit. They take on difficult cases, fight hard and win."

    Chambers UK

  • "Osbornes team is noted for cross-practice expertise in areas such as housing and community care, which it brings to bear in disrepair, possession and homelessness cases involving vulnerable adults, individuals with language difficulties, the elderly and those with no recourse to public funds."

    The Legal 500

  • The social housing team is friendly, approachable and genuinely care about its clients.

    Chambers UK

  • A broad knowledge places the social housing department one step ahead of others when it comes to community care knowledge.

    Chambers UK

  • The social housing department always go the extra mile.

    Chambers UK

  • The social housing team has a strong track record in representing tenants in claims against local authorities and housing associations, with particular expertise in complex disrepair and possession cases.

    Legal 500

  • Osbornes is commended for its 'rare level of commitment'.

    Legal 500

Speak to the Community Care team today

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you






    Welfare Benefits FAQs

    When can I bring a claim for Judicial Review in relation to welfare benefit cases?

    The following are examples of cases where a claim for Judicial Review is appropriate:

    • Public law challenges. This is where a challenge is brought to legislation or a policy that is considered to be unlawful. Recent examples of this include challenges to the “bedroom tax” and the “benefit cap”.
    • Decisions where there is no right of appeal to the First Tier Tribunal. These include:
      1. A failure or refusal to carry out a mandatory reconsideration of a decision;
      2. A decision to suspend (as opposed to terminate) a payment of benefit;
      3. Whether or not to waive recovery of an overpayment;
      4. A refusal to carry out an “any time” revision. In certain circumstances a benefit authority can consider revising a decision even where the normal time limit for an appeal has passed (13 months). If the benefit authority refuses to carry out an anytime revision then this can only be challenged by way of Judicial Review.
    • Refusal of by the Upper Tribunal to grant permission to appeal from the First Tier Tribunal
    • Interim decisions by a First Tier Tribunal judge. A Judicial Review to the Upper Tribunal can be brought against interim decisions of the First Tier Tribunal Judge regarding the case management of the appeal under the Tribunal’s procedure rules. There is no specific right of appeal to do this, so Judicial Review before the Upper Tribunal is the only option to effectively challenge an interim decision.

    Are there any circumstances in which Judicial Review can be used if there is a right of appeal to the First Tier Tribunal?

    Judicial Review is a remedy of last resort, which means that in most cases where there is an alternative route to challenge a decision, such as an appeal to the First Tier Tribunal, a claimant will be expected to pursue that route. However, in some situations it may be possible to bring a Judicial Review claim even where there is technically a right of appeal to a Tribunal.

    This can happen where the alternative remedy is not effective, such as where the consequences of waiting for the appeal to be heard before the First Tribunal would be so serious that waiting for the hearing would deny the claimant any meaningful benefit of success at that hearing. An example of this could be where Housing Benefit has been refused and a client is facing a possession claim under mandatory rent arrears grounds., but by the time the Housing Benefit appeal is concluded it will be too late because a Court would have made a possession order. In this situation a claim for Judicial Review may be appropriate. As a result of welfare reforms and problems with the administration of benefits there can be situations in which individuals are left without any benefits and are at risk of destitution. In such cases sometimes Judicial Review will be the only effective remedy.

    Can I challenge a decision of the First Tier Tribunal because I am unhappy with the result?

    An appeal to the Upper Tribunal can only proceed on a point of law, not just because you are unhappy with the decision of the First Tier Tribunal. It will be necessary to demonstrate that there has been some failing by the First Tier Tribunal. Points of law can include a failure to take into account relevant evidence, reliance upon irrelevant considerations, a misunderstanding of legislation, and a failure to apply relevant binding case law.

    Are there other organisations that can help me?

    Below are the details of other organisations who may be able to provide assistance:

    Housing and Community Care InsightsVIEW ALL

    1. 23.1.2024

      Case Reiterates Local Authorities should follow Allocation Scheme

      R (on the application of Kukhtyak) -v- London Borough of Hounslow [2023] EWHC 2914 (Admin) This sad case concerned an elderly couple...

      Read more
    2. housing discussions
      7.12.2023

      Supreme Court sets High Threshold for Local Authorities...

      Judgment was handed down on 28 November 2023 by the Supreme Court in an important case regarding the main housing duty. The...

      Read more
    3. Renters Reform Bill
      15.8.2023

      The Renters (Reform) Bill – Will it have the...

      There has been much publicity recently over the Renters (Reform) Bill, the assumption being that the government have their eye...

      Read more
    4. Business people hands applauding at meeting
      14.7.2022

      20 Years of Celebrating Legal Aid Lawyers

      This year the litigation team at Osbornes attended the 20th anniversary of the Legal Aid Lawyer of the Year 2022 (“LALY 2022”)...

      Read more
    5. london house
      16.5.2022

      Immediate, Non-Deferrable and Unqualified

      Judgment was handed down on 04 May 2022 in the Court of Appeal in an important case regarding the main housing duty....

      Read more
    6. Homeless Teenager
      5.11.2021

      Council overturns unlawful housing policy

      Homeless teenager claims victory for more than 1,200 homeless people after forcing council to overturn unlawful housing policy A homeless teenager...

      Read more
    7. shoreditch london
      3.9.2021

      Homeless Teenager takes London Council to High Court

      A homeless teenager is taking a London council to the High Court for ‘unlawfully’ banning hundreds of homeless people from...

      Read more
    8. mould
      19.8.2021

      Housing Disrepair Scandal in South London

      Following an investigation by ITV nearly 500 homes in the Eastfields Estate in Mitcham, south London, owned by the housing association...

      Read more
    9. model houses
      8.4.2021

      Council to amend unlawful housing allocation banding process

      For the last 8 years Brent Council has stopped the majority of homeless applicants from bidding for rehousing, treating them as ‘...

      Read more
    10. Troy Golide
      25.1.2021

      Hackney Council ignore vulnerable resident’s request

      Paranoid schizophrenic ignored by Hackney Council for four years wins legal battle over unsafe front door A man who suffers...

      Read more
    11. asylum seekers
      25.1.2021

      Teenage asylum seeker wins legal battle against Council...

      Vulnerable teenage asylum seeker wins age case against the council which unlawfully assessed him A vulnerable teenager who sought asylum...

      Read more
    12. signing document
      23.12.2020

      EU Nationals with Pre-Settled Status entitled to benefits...

      Court Judgment means EU Nationals with Pre-Settled Status can access benefits and housing On 18 December 2020 the Court of Appeal handed...

      Read more
    13. 2.12.2020

      Education provision to age disputed migrants

      The thorny issue of education provision to age disputed migrants There was an interesting article in The Guardian last week...

      Read more
    14. 24.11.2020

      Is the delay in the Renters Reform Bill...

      There have been issues tenants have faced for a long time before pandemic; namely no fault evictions and the other...

      Read more
    15. 20.11.2020

      Up Up and away to the First Tier...

      This year we assisted in written representations for a welfare benefit case in the Upper Tribunal. This is a Housing...

      Read more
    16. 20.11.2020

      You are homeless because you are in shared...

      It is well established that shared facilities are not suitable for families with children as long term accommodation. The client...

      Read more
    17. eviction notice
      24.8.2020

      Housing Lawyer at Osbornes comments on the government’...

      Alex McMahon, expert housing lawyer in the housing and community care department at Osbornes has been quoted in various publications...

      Read more
    18. scales law
      13.8.2020

      Judicial review – friend or foe?

      The Government announced on 31st July 2020 that an independent panel has been asked to look at judicial review to consider...

      Read more
    19. to-let sign
      24.7.2020

      Rejecting tenants on housing benefit deemed indirect discrimination

      In a recent decision in the County Court at York it was held that a letting agent’s policy of...

      Read more
    20. home
      27.5.2020

      I am vulnerable and homeless but the Council...

      Homelessness law and procedure can be very complicated. We hope this blog gives you some helpful pointers but it is...

      Read more
    21. 5.5.2020

      I have lost my job and I have...

      The impact of the current pandemic is being felt by many, but the prospect of losing your job or not...

      Read more
    22. eviction notice
      4.5.2020

      I am renting from a private landlord and...

      I know that many individuals across the country are extremely worried about the instability of their housing. This was a...

      Read more
    23. 29.4.2020

      Case news: Housing benefit decision addresses issue of...

      The background You might be forgiven for thinking that the question of whether a course is full time or part...

      Read more
    24. 28.4.2020

      When does a Local Authority have to provide...

      Absolutely anyone can be struck down by misfortune and find themselves in a situation where they are homeless. Though many...

      Read more

    VIEW ALL

    Osbornes Law has experience in dealing with issues involving all types of welfare benefits, including

    • Universal Credit
    • Housing Benefit
    • Personal Independent Payments
    • Disability Living Allowance
    • Employment and Support Allowance
    • Income Support
    • Jobseekers Allowance
    • Child Benefit
    • Tax Credits
    • Pension Credit.

    Speak to the Community Care team today

    For a free initial conversation call 020 7485 8811

    Email us Send us an email and we’ll get back to you






      Accreditations

      • Times best law firm 2024
      • legal 500 leading firm
      • chambers logo