Purpose

The
Council’s CTRS 22/23 was approved by the Executive as part of
the annual review in January 2023.
 
A
Valuation Tribunal (“VT”) decision made on 17 March
2023 determined that in the case in which the appeal had been
brought, the Council had not assessed claims made by those in
receipt of UC with eligible childcare costs in accordance with the
strict wording of its CTRS.
 
Following the VT decision in March 2023, the Council sought the
advice of experts, including legal experts, to secure guidance to
help review the Council’s overall position.
 
As a
result of the review, it was recognised that, in seeking to clarify
the Council’s operational approach to assessments of claims
made by those in receipt of UC with eligible childcare costs by
proposing amendments to clarify the CTRS wording at the time of the
annual review in January 2023, it had not identified that a change
to the CTRS was being proposed and had not consulted on that
proposed change.
 
This
report sets out the decisions which now need to be made in relation
to the steps proposed to be taken to remedy the
position.

Decision

1)   
The Executive notes the contents of the
report.
 
2)   
That the Executive approve the proposed immediate
interim measures, as detailed in section 6.1 of the report, as the
basis of assessment of all new claims made by those in receipt of
UC with eligible childcare costs.

 
3)   
The Executive approves the proposal that the wording
for the Council’s CTRS 24/25 should be the same wording as
contained in the current CTRS 23/24, and that the Council should
apply the 24/25 CTRS to claims generally but operationally assess
claims made by those in receipt of Universal Credit with eligible
childcare costs in accordance with the strict wording in the 22/23
CTRS, which will instead be applied to ensure that such claimants
are not assessed any less favourably.

 
4)   
The Executive approves the proposed scope of claims
detailed in section 6.3 of the report.

 
5)   
The Executive approves the proposal to undertake
individual reassessments of each claim that is in scope of the
restitution exercise.

 
6)   
The Executive approves the proposals detailed in
section 6.5 of the report in respect of engaging with in-scope
claimants.