The Ombudsman's final decision
Summary: We will not investigate this complaint about repayment arrangements for a Housing Benefit debt. The substantive matter is now resolved. Investigation could not achieve significantly more.
The complaint
Miss X complained the Council was not agreeing what she considered would be a suitable arrangement for her to repay a Housing Benefit (HB) overpayment and was instead threatening to recover the money by taking deductions from her earnings. Miss X said this was causing stress and financial difficulty.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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.
My assessment
Events have moved on since Miss X contacted us. Miss X is now receiving Universal Credit (UC). The Council will now recover the debt by deductions from the UC. Therefore there is no need for either a repayment arrangement such as Miss X suggested or deductions from Miss X’s earnings. So the substantive points Miss X was concerned about have fallen away.
Final decision
We will not investigate Miss X’s complaint because the substantive matter is resolved. In the circumstances, it would be disproportionate for us to investigate the Council’s consideration of Miss X’s requests about repayment arrangements. It is unlikely we could achieve significantly more.
Investigator's decision on behalf of the Ombudsman