The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in determining a housing benefit claim as there is no evidence of fault in the time taken.
The complaint
Ms X complains on behalf of her son about unreasonable delay in determining his housing benefit claim.
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: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6)) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s son submitted a housing benefit claim on 19 May 2022. The Council determined that claim on 20 June and decided it could not be paid as he had over the capital limit of £16,000. Ms X disputes this amount. Ms X could appeal to the tribunal against this decision.
Whilst I note that Ms X experienced frustration is providing evidence to the Council about the claim, the Council has four weeks (or more where it is considered reasonable) to determine such claims. I do not therefore consider that the time taken is administrative fault. The Ombudsman would not investigate a complaint in the absence of such fault.
Investigator's decision on behalf of the Ombudsman