Birmingham City Council (21 004 047)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 06 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s inadequate responses to a housing support provider regarding their clients’ housing benefit claims. This is because the person complaining is not a suitable representative for the benefit claimants.
The complaint
- The complainant, who I shall call Mrs B, complained the Council had unreasonably failed to take action or provide information in response to her representations relating to housing benefit (‘HB’) claims made by clients of the housing support provider (‘the Provider’) she works for. Mrs B wanted the Council to provide claim details to enable her to challenge its decisions, and to have any resulting under-payments paid to the Provider.
The Ombudsman’s role and powers
- We may investigate complaints made on behalf of someone else if they have given their consent. Where someone wishes to complain on someone else’s behalf, we must satisfy ourselves that this is appropriate. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
- I considered information provided by the Mrs B and the Council.
- I also considered the Ombudsman’s Assessment Code.
My assessment
- Mrs B said she is complaining on behalf of the Provider’s clients, although she has not supplied their written consent to this arrangement. But even if she did, I do not see we can accept her as a suitable representative. In particular I consider there would be a conflict of interests if Mrs B was purporting to act on behalf of her clients at the same time as seeking financial benefit for her employer.
- It is open to Mrs B’s clients to complain to us directly concerning their issues with the Council, or to approach an independent advocate to make the complaints on their behalf.
Final decision
We will not investigate Mrs B’s complaint about the way the Council has responded to her contacts about her clients’ housing benefit claims. This is because she is not a suitable representative for her clients.
Investigator's decision on behalf of the Ombudsman