The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s housing benefit claims system. This is because we cannot achieve the outcome Ms X is seeking.
The complaint
Ms X complains on behalf of her employer, a landlord, that the Council does not allow tenants in supported accommodation to apply for housing benefit online. She says this causes administrative burdens and disrupts rent collection and cashflow.
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 or continue an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 complains that the Council’s housing benefits policy leads to additional administrative work for the landlord and disrupts rent collection. The Council says this policy is in place to prevent fraud and is in line with Housing Benefit Regulations. It says Benefits Officers are available to help tenants make claims.
I will not investigate this complaint because we cannot achieve the outcome Ms X is seeking. The Council has set its policy in line with Housing Benefit Regulations and the Ombudsman does not have the power to instruct councils to change lawful policies.
Final decision
We will not investigate Ms X’s complaint because we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman