Summary: We will not investigate this complaint about Mrs X’s council tax support and housing benefit claims. This is because the Council has provided a satisfactory remedy and there is not enough remaining injustice to require an investigation.

The complaint

1. Mrs A complains says the Council handled the transfer of council tax support and housing benefit to her mother, Mrs X badly following her father Mr X’s death. The Council sent a letter to Mr X and sent a final reminder regarding council tax arrears. This caused distress and anxiety for Mrs X. Mrs A would like a letter apologising for the faults from the Council, not an email

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The Ombudsman’s role and powers

2. 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 are satisfied with the actions the Council has taken, or

• any injustice is not significant enough to justify our involvement. .

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

3. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Mrs T complained that it took more than two months for the Council to assess Mrs X’s council tax support and housing benefit. In the meantime the Council
• Sent a letter to Mr X about his change in circumstances
• Sent Mrs X a final demand for council tax and
• Failed to provide help when Mrs A tried to call for help.
5. The Council replied that it had sent a letter to the late Mr X due to human error. It said it should have suppressed the letter. It said it would provide training for staff about the importance of ensuring such letters were not issued. It also accepted it could have communicated more clearly. It apologised for the upset this had caused. It confirmed that the benefits had been assed and paid.
6. In its final complaint response the Council accepted it had not fully corrected the council tax support claim for Mrs X. It apologised that it had not done this earlier.
7. A council tax support and housing benefit claim cannot be transferred because the claimant must make a claim in their own right. There was some delay in assessing the new claim, but it was not significant. The Council accepted it was wrong to send a letter to Mr X. I consider the Council’s apologies in its email responses are an appropriate remedy. The Council has also taken appropriate action to prevent the same fault reoccurring.

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Final decision

8. We will not investigate Mrs A’s complaint because the Council has provided a satisfactory remedy and there is not enough remaining injustice to justify an investigation.

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Investigator's decision on behalf of the Ombudsman