Summary: Mr X complains that the Council has not determined his housing benefit claim. The Ombudsman will not investigate this complaint because the Council is not responsible for the delay.

The complaint

1. Mr X complains that the Council has not determined his 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. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Department of Work and Pensions (DWP). (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

5. Mr X says that his housing benefit was stopped on 22 April 2020 because a fraudulent claim had been made for Universal Credit in his name.
6. The Council says that they cannot process a claim for housing benefit until they are notified by the DWP.
7. The complaint of maladministration lies against the DWP for failing to advise the Council that a claim for housing benefit could be made. The DWP is out of jurisdiction but a complaint can be made to the Parliamentary Ombudsman about this matter.
8. I do to consider therefore that the Council cannot be held responsible for the failure to make a payment of housing benefit.

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Final decision

9. I do not intend to investigate this complaint because the Council is not responsible for the alleged fault.
    

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Investigator's decision on behalf of the Ombudsman