A MAN has publicly challenged Bexley's council leader to explain an attempt by the council to "gag" him over a compensation offer.

John Fennelly, 59, of Darenth Road, Welling, who has a serious heart condition and diabetes, was threatened with eviction after the trouble-torn company Capita failed to process his housing benefit claim.

He and his wife Shirley, 60, also care for their three grandchildren aged between six and 11, after the murder of their daughter three years ago.

Mr Fennelly claimed compensation from Capita for the anxiety and stress caused by the company's delay in processing his claim.

Instead, he got an offer from Bexley Council to pay him £200, but only if he would sign a form agreeing to keep quiet about it.

Mr Fennelly became the first member of the public to ask a question at last week's council meeting, when he challenged council leader Councillor Mike Slaughter to justify the council's attempt to silence one of its own residents.

In January this year he was asked to renew his housing benefit claim by Capita, the company contracted by Bexley Council to process its housing benefit claims.

But the company lapsed his claim because his form, which he had been assured was filled in correctly, was missing his wife's national insurance number.

He only learnt this on March 14, during a phone call from his landlord, the housing association London and Quadrant.

On March 22 Mr Fennelly returned home from his GP's surgery, where he was being treated for stress, to find his wife in tears.

The couple had received an eviction notice from London and Quadrant for non-payment of their rent.

But on March 15 Capita had sent the couple a letter saying their application for the renewal of their benefit had been approved.

Capita says the details of Mrs Fennelly's national insurance number is a new legal requirement, and that they wrote to Mr Fennelly on February 2 to tell him. He never received the letter.

Eventually, the back rent was paid and the eviction was not proceeded with. But an angry Mr Fennelly demanded compensation from Capita for all the stress the company's failure had caused.

So he was astonished to get an offer of £100, not from Capita, but from Bexley Council. When he turned it down, he was even more shocked to get a second offer from the council for £200, but only if he would sign an agreement not to disclose the details to any third party, or to make it public. He also rejected that offer.

Cllr Slaughter has now written to Mr Fennelly saying the clause is a standard declaration and Mr Fennelly was partly to blame for the situation. A handwritten PS added the £200, if accepted, would be paid by Capita.

But an angry Mr Fennelly says he is still considering taking Capita to court over the incident.

November 15, 2001 9:41

Linda Piper