The Ombudsman's final decision
Summary: We will not investigate this complaint about problems with a housing benefit claim. This is because there are review and appeal rights the complainant can use. For other parts of the complaint there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, says the Council did not tell her she had sent documents for her housing benefit claim to the wrong team. She also says the Council did not tell her she had rent arrears and did not progress a claim for help from the homelessness prevention fund. Ms X says the Council should remove the rent arrears.
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 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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and confirmation Ms X can ask for a review. I also considered our Assessment Code.
My assessment
Ms X applied for housing benefit in August 2023 for temporary accommodation. The Council asked her to send documents to the benefits team and gave her a reference so she could track the claim. Ms X sent the documents to the housing team rather than to benefits. The housing team did not pass the evidence to the benefits team and did not tell Ms X she had sent the documents to the wrong team.
The benefits team closed Ms X’s claim in October because she had not provided the supporting information. Ms X accrued rent arrears. The housing team collects rent on behalf of the private landlord but does not routinely monitor rent accounts. In April it told Ms X she was in arrears.
Ms X re-applied for housing benefit. The Council awarded backdated benefit from April. Ms X still has rent arrears from August. The Council invited Ms X to apply for help from the homelessness prevention fund; the Council told me Ms X has not made an application. The Council also told me Ms X can ask for a review of the October decision to end the housing benefit claim.
I will not start an investigation because Ms X can ask for a review of the October decision. She could include in the review request that she submitted the documents, albeit to the wrong team, but the housing team did not tell her or forward the evidence. If the outcome of the review is that the Council does not change the October decision, then Ms X could appeal to the tribunal. It is reasonable to expect Ms X to use her review and appeal rights because this is the correct way to challenge housing benefit decisions.
Ms X says the Council has not progressed a claim for support from the homelessness prevention fund and has not provided a different housing officer. I will not investigate these issues because there is insufficient evidence of fault by the Council. This is because Ms X has not made a claim for support and she has a different housing officer. Ms X could make a claim for support from the fund; it would be for the Council to decide whether to make an award. In addition, while Ms X says the Council did not tell her of the arrears before April, the Council correctly explained it was her responsibility to ensure the rent was paid; Ms X would have been aware she had not been awarded housing benefit and was not paying all or some of the rent.
Final decision
We will not investigate this complaint because there are review rights Ms X can use and because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman