Summary
We will not investigate this complaint about how the Council handled a housing benefit appeal. The Council has already investigated and provided a remedy where it identified fault and we would not achieve a different outcome.
The complaint
Mr X said the Council told him his housing benefit was being reduced and an overpayment of benefit was going to be recovered from him. Mr X asked for this decision to be reconsidered and the Council did not reconsider his circumstances until two months later. Mr X says this delay caused him unnecessary worry and has asked for an apology and compensation.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X said in 2021 the Council wrote to him and told him it was reducing his housing benefit and it was going to recover money it had overpaid him.
Mr X appealed this decision. Mr X said he called and wrote to the Council several times over two months to resolve the appeal but it failed to respond. Mr X complained.
The Council upheld part of Mr X’s appeal and agreed to reimburse the overpayment. The Council also wrote to Mr X, apologising for the delay in finalising the appeal.
We will not investigate this complaint further. The Council has already investigated and upheld Mr X’s complaint. It has apologised for the delay. That is a suitable remedy for any injustice its actions caused Mr X. Therefore, further investigation by the Ombudsman would not lead to a different outcome.
Final decision
We will not investigate this complaint about how the Council handled a Housing Benefit appeal. The complaint has already been investigated and further investigation by the Ombudsman would not achieve a different outcome
Investigator's decision on behalf of the Ombudsman