Northampton Borough Council (04B10719 + one other)

Housing allocations, Housing benefit & Managing tenancies

Maladministration causing injustice

21 November 2005

The Council misdirected itself with regard to the status of a housing benefit claim from ‘Mr Montgomery’ (not his real name for legal reasons), that led to him being evicted from his Council tenancy. The Council also failed to update his rent arrears account, as a result of which his application for housing was incorrectly suspended for six months and the arrears were referred to bailiffs, who sent Mr Montgomery letters threatening recovery action. The Council also failed to inform Mr Montgomery that his personal possessions, which had been stored by the Council, had been destroyed in a storm, causing a delay in the submission of an insurance claim. So Mr Montgomery commenced his new tenancy without furniture or personal possessions.

The Council failed to assess Mr Montgomery’s daughter’s request for backdating of her housing benefit claim, as a result of which she was pursued for a substantial amount of money which she did not owe. The Council also sent Miss Montgomery incorrect information regarding her eligibility for housing leading to confusion and mistrust.

The Ombudsman finds maladministration causing injustice and the Council has agreed to:

• pay Mr Montgomery £3,500 in recognition of the eviction, for pursuing him for a debt after it had been written off, and for failing to inform him of the destruction of his personal possessions;
• pay Miss Montgomery £1,500 in recognition of the disruption she suffered following the eviction of her father, and write off her rent arrears; and
• pay their representative £250 in recognition of his efforts to assist Mr Montgomery and Miss Montgomery.
   

Date Published: 30/07/09