Summary: The Ombudsman will not investigate Ms X’s complaint that the Council delayed dealing with a review of her discretionary housing payment. The Council continued to make the payment and has confirmed it will pay until the end of March 2020. The Council has apologised for its poor communication. There is no continuing injustice.

The complaint

1. Ms X complains the Council has delayed in dealing with her request, in October 2018, to review its decision on a discretionary housing payment. Ms X has health problems and has been upset by the Council’s communications.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Ms X’s comments and discussed the complaint with her by telephone. I have considered Ms X’s complaint to the Council and its replies dated 16 April and 27 June 2019.

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What I found

4. Since April 2017 the Council has paid Ms X a discretionary housing payment to cover the shortfall between her rent and housing benefit. The shortfall arises due to the Social Sector Size Criteria (known at the bedroom tax). The Council says because Ms X has an unoccupied bedroom eligible rent is subject to a 14% reduction. On 16 April 2019 the Council wrote to Ms X in reply to her request for a review and decided that it would continue the payment to the end of March 2020.
5. Ms X confirms the Council continued to pay the discretionary housing payment throughout the period of their correspondence. The Council has awarded £13.35 per week which she believes is ten pence short. However, Ms X says she did not challenge this decision within the allowable time.

Ms X is concerned that the Council has advised her to consider options such as moving to a cheaper property or sharing her home to share costs.

6. The Council has apologised to Ms X for the delay in dealing with her review request and for the lack of clarity in some of its communications.

Analysis

7. I will not investigate this complaint for the following reasons:
1. The matter is resolved by the Council’s decision to pay the discretionary housing payment until 29 March 2020 and by its apologies.
2. There is no fault in the Council advising Ms X to consider her options when there is a shortfall between the benefit to which she is entitled and her rent.
3. There is insufficient injustice because the Council continued to pay the discretionary housing payment and did not cause Ms X hardship.

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Final decision

8. The Ombudsman will not investigate Ms X’s complaint that the Council delayed dealing with a review of her discretionary housing payment. The Council continued to make the payment and has confirmed it will pay until the end of March 2020. The Council has apologised for its poor communication. There is no continuing injustice.

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Investigator's decision on behalf of the Ombudsman