Rutland County Council (23 015 576)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 21 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s decision to suspend his housing benefit. This is because there is insufficient evidence of fault. In addition, the alleged fault did not cause any significant injustice.
The complaint
- Mr X complains about the Council’s decision to suspend his housing benefit. He is unhappy about the way the Council dealt with the matter.
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
- any injustice is not significant enough to justify our involvement.
(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
- The Council suspended Mr X’s housing benefit on 2 November 2023. The Council said it issued a letter to Mr X detailing this. The Council said it had suspended Mr X’s claim as his telephone number had been quoted in another housing benefit claim. Therefore, this raised questions as to whether Mr X still met the entitlement conditions.
- Mr X visited the Council’s offices on 8 November 2023 and clarified the situation. The Council lifted the suspension on 9 November. The Council confirmed the suspension did not lead to any delay in any payments being made to Mr X’s landlord.
- An investigation is not justified as we are not likely to find fault with the Council. This is because the Council had a reason for suspending Mr X’s housing benefit and told Mr X the reason for the suspension.
- In addition, the alleged fault did not cause any significant injustice to warrant an investigation. While I acknowledge Mr X would have been caused some frustration at being told his claim had been suspended, the Council lifted the suspension after seven days. The Council also confirmed the suspension did not lead to any missed payments to Mr X’s landlord.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, the alleged fault did not cause any significant injustice.
Investigator's decision on behalf of the Ombudsman