Summary: The Ombudsman will not investigate this housing benefit complaint because the Council has awarded some extra benefit to the complainant and the problem has been resolved.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council did not pay him enough housing benefit when he was on remand in prison.

Back to top

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 an investigation if the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read the complaint and letters the Council sent to Mr X about his claim. I got some additional information from the Council and considered comments Mr X made in reply to a draft of this decision.

Back to top

What I found

Housing benefit disputes

4. If someone disagrees with a housing benefit decision they can ask for a review or appeal to the tribunal. If they have a review, and are unhappy with the decision, they can then appeal to the tribunal. The law says people should appeal within one month of the date of the decision they think is wrong.

What happened

5. Mr X was on remand from August 2017 until May 2018. He received housing benefit but says the amount the Council awarded was incorrect because it wrongly treated him as receiving a pension.
6. Mr X’s adviser wrote to the Council in 2017 to query the housing benefit decision and explain Mr X was not receiving a pension. The adviser wrote other letters making the same point.
7. The Council wrote to Mr X in January and June 2019. The letters said the housing benefit was correct because the Department of Work and Pensions had told the Council that Mr X was receiving a pension while he was on remand. The letters did not say that Mr X could appeal to the tribunal if he disagreed with the decision.
8. Following my enquiries with the Council, the Council checked the Department of Work Pensions (DWP) records which again showed Mr X received a pension while on remand. The Council then spoke to a DWP liaison officer who said Mr X did not get a pension during those months. The Council has written to Mr X to say it has revised his claim and awarded an extra £18.81 in housing benefit from August 2017 to May 2018. The letter tells Mr X how he can appeal to the tribunal if he disagrees with the decision.

Assessment

9. I will not start an investigation because the matter has been resolved. The Council has now received confirmation from the DWP that Mr X did not receive a pension while he was on remand. It has revised the claim and awarded an extra £18.81 in benefit. If Mr X still disputes the award he can appeal to the tribunal. It is reasonable to expect him to appeal because the tribunal is the appropriate body to consider benefit disputes.

Back to top

Final decision

10. I will not start an investigation because the matter has been resolved.

Back to top

Investigator's decision on behalf of the Ombudsman