Summary: We will not investigate this complaint about how the Council considered Mrs X’s reported change in circumstances in relation to her council tax support and housing benefit. The Council has agreed to issue formal decisions, enabling Mrs X to use her appeal rights if necessary. This is sufficient to remedy the injustice we would likely find had been caused by its actions if we investigated.

The complaint

1. Mrs X complained about the Council’s decisions relating to her housing benefit and council tax support. She said the Council failed to change its decisions despite her having successfully appealed a decision by the Department for Work and Pensions that she considers affects them. Mrs X also complained about how the Council handled the matter, including delays and placing responsibility on her to provide documents.
2. Miss X said the matter has caused her significant distress and financial hardship. She wanted the Council to amend and backdate its decisions, apologise and compensate her for the distress she said its actions caused.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X’s complaint is about the Council not having changed its decisions about her housing benefit and council tax support following a decision in her favour by the Department for Work and Pensions (DWP). We would not normally investigate complaints about whether a person is eligible for these benefits, because appeals processes are available for both. The Valuation Tribunal deals with appeals against decisions on and council tax support. The First Tier Tribunal deals with appeals against decisions relating to housing benefit.
8. In this case, Mrs X has not yet received formal decisions that she can appeal, so I have considered whether we should investigate the matter instead.
9. Mrs X told the Council in February 2025 that she had received a positive decision from the DWP that would impact previous decisions it made in 2022. Mrs X considers she provided all information the Council required at that point.
10. The Council asked Mrs X for further information as the information she provided was not sufficient. She told it she had already provided the information it required and that it had the option of obtaining information itself. The Council ultimately requested the necessary information from the DWP and His Majesty's Courts and Tribunals Service (HMCTS) directly. It received some information, but said in its response to Mrs X’s complaint it still did not have all necessary information.
11. If we were to investigate this complaint, it is likely we would find fault. The Council had not yet issued Mrs X appealable decisions when she complained to us. Seven months have now passed since Mrs X advised the Council of a change in circumstances.
12. I have noted the delay in this case is in part due to difficulties the Council faced in obtaining information. It was open to Mrs X to provide further information to the Council in February 2025, and it would have been in her benefit to do so. The Council’s delay is partly because it needed to instead request the relevant information from the DWP and HMCTS. I have taken into account Mrs X’s actions when considering her injustice and what remedy we would likely recommend as a result, if we investigated this complaint.
13. I invited the Council to issue Mrs X appealable decisions for both benefits within one month of my final decision. It has agreed to do so.
14. It would not be proportionate for us to investigate the matter further due to this, having regard to any remaining injustice from the alleged fault.
15. The tribunals are best placed to consider the decisions themselves. We are not an appeal body. Given the Council’s agreement to issue formal decisions within one month of this decision, it is reasonable for Mrs X to then request reviews and appeal the decisions, if necessary, to the appropriate tribunals. The action the Council has agreed to take is sufficient to remedy the injustice we would likely decide Mrs X experienced if we investigated the complaint.

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Final decision

We will not investigate Mrs X’s complaint because the Council has agreed to take suitable action to remedy the injustice it is likely we would say was caused by fault if we investigated the matter.

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Investigator's decision on behalf of the Ombudsman