Summary: Ms X complains that the Council threatened her with homelessness. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council and there was a right of appeal against any decision to restrict her housing benefit.

The complaint

1. Ms X complains that the Council threatened her with homelessness.

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The Ombudsman’s role and powers

2. 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)
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. 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 would find fault.

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

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How I considered this complaint

5. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.

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What I found

6. Ms X lives in a two bedroomed flat and claims housing benefit. Her housing benefit was restricted as it was considered that she was under occupying her property (the “bedroom tax”). Any decision restricting housing benefit can be appealed to a tribunal. The Tribunal is an independent expert body and its decisions are binding on Councils. I see no reason why an appeal could not have been made. Ms X may wish to seek advice from the Citizen’s Advice Bureau about this.
7. Ms X applied for and received a temporary Discretionary Hardship Payment (DHP) to help her cover her rent until she found alternative accommodation.
8. Ms X spoke to a Housing Officer at the Council who advised her that, if she was threatened with homelessness for rent arrears the Council could make a separate payment from the Housing fund to help her remain in her property. Ms X believes that she was threatened with homelessness in this call.
9. I am satisfied that the Council’s contact with Ms X was to assist her and not made as a threat to her. Ms X did not reapply for a Discretionary Hardship Payment in 2019.
10. I am satisfied therefore that the Council has not acted with fault in the way they have been in contact with Ms X about her homelessness concerns. In the absence of fault, the Ombudsman would not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman