Summary: There is no evidence to show the Council provided information to Mr X about additional hardship support grants available during COVID-19 pandemic despite saying it would. This fault meant Mr X did not apply for a discretionary housing payment in 2020 when he was in receipt of universal credit, possibly losing out on money he was entitled to. A suitable remedy is agreed for the injustice caused.

The complaint

1. The Council failed to provide information about what additional hardship support grants were available in response to Mr X’s direct enquiry during the COVID-19 pandemic.
2. Mr X says he experienced distress due to the financial difficulties faced.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with the complainant;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

6. At the end of June 2020, during the COVID-19 pandemic, Mr X lost his job. He applied to the Council for council tax support and also asked it what additional hardship grants were available to support him and his family.
7. On 14 July the Council emailed Mr X saying that once it receives information about his universal credit award it will work out any entitlement to council tax support. It also said it had forwarded his email to its customer support team so they can advise him separately about what other support is available.
8. The Council wrote to Mr X’s partner on 3 August, saying they were not entitled to council tax support from 6 July. It said it had calculated this based on their universal credit award and that it would review their entitlement in about five weeks time. The letter included details of how to challenge the decision if they disagreed with it.
9. The Council wrote again to Mr X’s partner on 7 September. It stated that from 3 August council tax support had been awarded. It said it would review the claim periodically but that they should let the Council know of any changes in circumstances.
10. On the same date, the Council wrote another letter to Mr X’s partner. It advised him it had awarded a discretionary payment of £150 under the COVId-19 hardship fund. It said this would be applied to their council tax account and a revised council tax bill would be issued. The letter also said they could request a refund of any credit now showing on the council tax account.
11. The Council wrote again to Mr X’s partner on 13 October explaining the award of council tax support had ended as the universal credit claim had ceased. It advised this had increased the council tax balance by £297.79 and said they should check the details and let it know if anything was incorrect.
12. Mr X made a further claim for council tax support in November 2020. In December 2020 he contacted the Council as he had heard noting in response to the above claim. Mr X also asked if the Council would grant a discretionary housing payment to help towards his rent.
13. The Council responded saying his claim was assessed on 14 December and a separate letter had been issued explaining the decision. The Council also explained that a discretionary housing payment could only be made when a person is in receipt of housing benefit or universal credit housing costs. It said as Mr X was not currently in receipt of either of these he would not be eligible.
14. Mr X asked the Council to look again at the award of council tax support saying a full breakdown had not been provided and he was confused by the figures given now compared to amounts quoted earlier in the year. Mr X queried how he was supposed to live on the amounts quoted.
15. The Council responded explaining the figures used and that when in receipt of universal credit housing costs are included but housing costs are not included when in receipt of job seekers allowance. It explained the quoted figures are set by central government and so it could not comment on how people are expected to live on those amounts.
16. In May 2021, Mr X wrote to the Council explaining he had found work starting in June but he would not be able to pay his council tax immediately. He asked the Council to defer the first four payments and spread these out during the rest of the year to enable him to get back on his feet. It is not clear to me what response was received from the Council to this request.
17. In January 2022, Mr X made a formal complaint to the Council. The Council’s response acknowledged the challenges faced by Mr X over the last couple of years including bereavements and unemployment. It responded to his allegation that the Council had failed to use its discretionary funding to provide him with financial support.
18. The Council explained it had assessed his claims for council tax support against the published criteria and made awards as appropriate. It said it had no discretion to change the calculation of council tax support. It had awarded the £150 discretionary payment available during the COVID-19 pandemic as Mr X and his partner met the criteria.
19. In respect of discretionary housing payments it said that while the Council can decide how to administer the scheme there are criteria set by government which it has to follow. It said that when Mr X enquired about this in December 2020 he was not in receipt of a qualifying benefit and so it could not consider an application.
20. The Council said it considered it had provided as much support as it could within the legal framework.

Analysis

21. After applying for council tax support, Mr X specifically asked the Council about what other financial help and support was available to him. The officer dealing with his council tax support claim emailed Mr X saying his request had been passed to its customer support team to respond.
22. Mr X says he did not receive any further information from the Council. In response to my enquiries on this point, the Council says it is unable to retrieve information from the customer services database. It claims it notified Mr X about Discretionary Housing Payments in 2020 when he was in receipt of a qualifying benefit but has not provided any evidence to support this claim.
23. On the basis of the information seen, I am not persuaded the Council did provide information to Mr X in response to his specific request dated 2 July 2020. While I accept there was general information available on its website, a clear request was made and there was an indication that a further response would be provided by the customer services team. The failure to provide further information is fault.
24. It seems likely to me that if Mr X had received a response from the customer services team then he would have applied for a discretionary housing payment. However, I am unable to say with any certainty whether Mr X would have been entitled to a discretionary housing payment during the period in 2020 when he was in receipt of universal credit. I suggest a remedy below for the injustice caused to Mr X by this fault.
25. Mr X says his request was not just for information about benefits but about other help that could be available including foodbanks and charities. I note the Council says that during the COVID-19 pandemic it had a page on its website which included this information. In response to my enquiries the Council says a letter sent on 3 August 2020 advised him to check the website for details of other support available. I am not persuaded this is the case. The letter advises him to check the website for more information about how to pay his council tax.
26. The Council’s failure to provide information about further help available is fault. However, as this was about help from third parties and not the Council, and the information was readily available on the website, I do not consider this failure caused a significant enough injustice to warrant a remedy other than an apology.

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Agreed action

27. To remedy the injustice caused to Mr X as a result of the fault identified above, the Council will, within one month of my final decision, take the following action:
• Provide a written apology to Mr X; and
• The Council to consider now whether Mr X would have been entitled to a discretionary housing payment for the period in 2020 when he was in receipt of universal credit. If it finds he would have been entitled, it should make a payment equivalent to the amount of discretionary housing payment that would have been paid.
28. The Council should provide us with evidence it has complied with the above actions.

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Final decision

29. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman