The Ombudsman's final decision
Summary: Ms X complains about delay by the Council in dealing with her housing benefit appeal. We will not investigate this complaint because the Council has remedied the matter.
The complaint
Ms X complains about delay by the Council in dealing with her housing benefit appeal.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
Ms X appealed in February 2022 against a decision to recover an overpayment of housing benefit. The Council responded in June 2022 asking Ms X for details of her child care costs as this would affect the amount to be recovered.
The Council accepts that their delay in responding was unreasonable and apologised. Whilst the delay was fault by the Council, I am satisfied that their apology was sufficient to remedy the matter. If no housing benefit was recovered during this time then there was no financial loss caused by the delay. If payments were recovered then any injustice from the delay depends on the final outcome of the appeal which we do not yet know. If her appeal is successful she may make a further complaint to this office.
Final decision
I do not intend to investigate this complaint because the matter has been remedied.
Investigator's decision on behalf of the Ombudsman