Summary: Mr X complains the Council has not completed the agreed remedy from a previous investigation by the Ombudsman about an alleged Housing Benefit overpayment. The Council has delayed acknowledging Mr X’s appeal and has continued to collect money from his employer when it should not have done. The Council has agreed to apologise to Mr X, write to him acknowledging his appeal and refund deductions from his earnings.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains the Council has not taken action to complete the agreed remedy from a previous investigation by the Ombudsman about an alleged Housing Benefit overpayment because it has:
• not acknowledged his appeal and has not sent him any information about the appeals process; and
• continued to deduct money from his earnings when it shouldn’t have done.

Mr X says he does not know what is happening with his appeal and has suffered financial loss.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this report, we 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. We refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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

4. I have spoken to Mr X about his complaint and considered the information he has provided to the Ombudsman. I have considered information the Council provided to the Ombudsman about the action it has taken to complete the agreed remedy.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

6. Following a previous investigation, the Council agreed to take the following action by 14 January 2021.
• Re-issue the overpayment notification to Mr X, advising him of his appeal right.
• Suspend recovery action from Mr X until the time period for an appeal to be made has expired without Mr X exercising that right, or the outcome of any appeal is known, whichever is sooner.

Analysis

7. The Council has written to Mr X to re-issue the overpayment notification letter advising him of his appeal right in December 2020. This is not fault by the Council.
8. Mr X replied to the Council saying he was unhappy with the letter, stated that he wished to appeal and asked for confirmation that no more payments would be taken from his employer until his appeal had been decided.
9. Information provided by the Council confirms it collected payments after 14 January, after Mr X had expressed his wish to appeal. The Council wrote to Mr X’s employer on 2 February to suspend payments. The suspension of payments by the Council indicates it has now accepted that Mr X has appealed. The Council should have done this by 14 January. This is fault by the Council. Mr X has suffered financial loss.
10. Mr X has informed the Council he wishes to appeal the decision on several occasions. The Council has subsequently written to Mr X on 18 January and 3 February, after he told the Council he wished to appeal, each time restating his right of appeal. There is no evidence the Council has confirmed to Mr X any further information about his appeal. This is fault by the Council. Mr X remains uncertain as to how the Council is now dealing with his appeal.

Agreed action

11. To remedy the injustice caused by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this decision:
• apologise to Mr X;
• apologise to Mr X’s employer for collecting payments after 14 January;
• write to Mr X outlining the status of his appeal, including any relevant information about the subsequent process; and
• refund deductions from Mr X’s pay taken after 14 January 21; and
• undertake a review into its policies and practices with respect to Housing Benefit appeals, to ensure they are responded to properly.

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Final decision

12. I have found the Council was at fault causing injustice to Mr X. I have now completed my investigation.

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Investigator's decision on behalf of the Ombudsman