Summary: Ms B complains about the way the Council has dealt with her claims for housing benefit and council tax support. She says it has asked for unreasonable amounts of information and suspended her benefit without good cause. We cannot find fault with Council’s actions.

The complaint

1. Ms B complains that the London Borough of Waltham Forest (the Council):
• suspended her housing benefit in December 2018, before the Tribunal hearing;
• failed to reinstate her housing benefit or award her council tax support following the Tribunal decision; and
• has recently terminated her housing benefit claim.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
6. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
7. If we are satisfied with a council’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

8. 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. I have written to Ms B and the Council with my draft decision and considered their comments.

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What I found

9. Ms B has been receiving housing benefit since 2010 for a three-bedroom housing association property. She says she has been a foster carer for that period. When the ‘bedroom tax’ (a reduction in housing benefit entitlement where a tenant is deemed to have more rooms than their household requires) was introduced in 2013 she was entitled to a reduction of 14% rather than 25% due to one room being available for a foster child.
10. In July 2018 the Council wrote to Ms B asking her to confirm whether she was still a foster carer. Ms B says she did not receive the letter and as she had not responded the Council decided in August 2018 that she was subject to a 25% reduction from 2017. Following an exchange of correspondence with Ms B, the Council in October 2018 decided she was subject to a 25% reduction from 2013. This created an overpayment of over £6000. Ms B appealed to the First Tier Tribunal (the Tribunal) against the decision.
11. The Council requested on 30 October 2018 that Ms B provide information regarding the children she had fostered and the dates of the placements. Ms B responded in November 2018 but the Council did not consider she had provided the requested information and so it suspended her benefit on 31 December 2018.
12. The Tribunal heard the appeal in March 2019. It concluded Ms B was a foster carer and entitled to the 25% reduction for the period concerned. This meant the overpayment would be reduced to zero and she was entitled to housing benefit.
13. The Council appealed the Tribunal decision on 3 May 2019 and has not reinstated Ms B’s housing benefit.
14. The Council had also started an investigation into other aspects of Ms B’s claim following information provided by the Valuation Tribunal in June 2018 regarding an appeal about council tax support. The Valuation Tribunal dismissed Ms B’s appeal as she had not provided information within the requested timescales. Ms B has not appealed the decision or made a new application since then.
15. As part of this new investigation the Council asked Ms B to provide information about her bank accounts going back to 2010. In April 2019 it extended the deadline for Ms B to reply due to health problems she had raised. It also explained it had not reinstated her housing benefit as it was appealing the tribunal decision and it had other concerns about Ms B’s eligibility.
16. Ms B provided some information on 22 May 2019, but the Council was not satisfied it provided full information for the whole period. It terminated her claim on 6 June 2019. It said it had allowed Ms B a total of three months to provide the requested information.
17. Ms B complained to the Ombudsman. She said the Council was treating her unfairly and harassing her, particularly as she was disabled due to her ongoing health problems.

Analysis

suspended her housing benefit in December 2018, before the Tribunal hearing

18. The Council requested information in respect of her claim for housing benefit and was not satisfied with the information Ms B provided. The Council is administering public money and is entitled to suspend benefit where it has concerns over eligibility. It explained the information it required and the reasons why. I cannot identify fault in its request or the fact it then suspended her benefit.
19. The substantive issue was decided by the Tribunal so I cannot comment on this.

failed to reinstate her housing benefit or award her council tax support following the Tribunal decision

20. The Council has appealed against the Tribunal’s decision and is entitled to suspend housing benefit until that appeal is decided.
21. The Valuation Tribunal dismissed Ms B’s appeal against the Council’s decision that she was not entitled to council tax support. Ms B has neither appealed against that decision nor made a new application, so no council tax support has been paid. I cannot find fault with its actions.

has recently terminated her housing benefit claim

22. The Council has found fresh information over the past twelve months which casts doubt on Ms B’s eligibility for housing benefit since 2010. Again, it is administering public money and is entitled to ask for evidence to ensure the benefit is being paid correctly.
23. It has reasonably asked Ms B to provide evidence of her income and capital in the form of bank statements. It has taken into account Ms B’s health problems and allowed her more time to provide the information. I understand Ms B finds these requirements difficult to meet but she has not provided all of the information she currently holds and has not provided any proof or explanation that the other requested information is not readily available.
24. She also has a right of appeal against the decision to terminate her benefit and I consider that is the correct route to follow to challenge the Council’s decision. I cannot consider this matter further.

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Final decision

25. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Ms B.

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Investigator's decision on behalf of the Ombudsman