Slartibartfast wrote:If we are to presume that a benefits agency worker has imposed indisputably harsh, irrational and unjustified sanctions upon a claimant then there is clear recourse. The decision would be overturned by supervisors or formal appeal, and the staff member would be subject to internal performance or discipline proceedings.
You've not had much dealings with benefit claims of late?
Oh hang on, you did say "performance proceedings" is that where they get a gold star for being imaginative?
The claimant would be entitled to report an allegation of criminal misfeance to the Police, who would deal with it as they felt appropriate (almost certainly taking no action). The claimant would be entitled to bring a private prosecution for criminal misfeance, but without the proof referenced in para 11 Fairgrieve below this would be unlikely to go very far. Either the court would refuse to deal with it, or CPS would take it over and discontinue it.
As I understand it, misconduct IPO is a crime and misfeasance is a civil tort therefore, unless Misconduct was complained of, and we have thoroughly failed to discuss that before, neither the police nor the CPS would have any business getting involved.
I don't see any difficulty in the proof required for para 11, but now that you come to mention it, didn't you derail the misconduct thread for exactly the same reason?