Summary: Ms K complained the Council failed to tell her of her right to appeal its decision when assessing her Council Tax and Housing Benefit. The Council has accepted it was at fault for not properly explaining Ms K had a right to appeal, putting her to the time and trouble of complaining. We also find this caused Ms K anxiety. The Council has agreed to remedy the injustice caused to Ms K.

The complaint

1. Ms K complains the Council failed to tell her of her right to appeal its decision when it dealt with her claim for housing benefit and council tax support.
2. Ms K says this has caused her anxiety and put her to the time and trouble of complaining.

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The Ombudsman’s role and powers

3. 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’. 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)
4. If we are satisfied with an organisation’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)
5. 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)
6. 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)
7. The Valuation Tribunal deals with appeals against decisions on council tax support.

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How I considered this complaint

8. I have spoken to and considered the information Ms K provided in support of her complaint. I have also considered the information provided by the Council in response to my enquiries.
9. Ms K and the Council had a chance to comment on my draft decision. I have considered the comments provided before making a final decision.

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What I found

The Council’s Complaints Procedure

10. The Council has a two-stage policy when dealing with complaints.

• Level One – the Council will complete its investigation within 10 days.
• Level Two – the head of service should complete their investigation and provide a response within 15 days.

What happened

11. Ms K contacted the Council in October 2021 about her Council Tax Support and Housing Benefit. Following the Council’s consideration of her application, Ms K disagreed with the Council’s calculations and the amount it had awarded her.
12. The Council reassessed her claim in January 2022. It told Ms K that if she disagreed with its decision, she had one calendar month to dispute it. It also said it would explain her further rights of appeal later if it decided not to change its decision.
13. Ms K disagreed with the amount the Council awarded her, and, in February 2022, she asked the Council to reconsider its calculations.
14. The Council responded a few days later under level one of its complaints procedure. It included a timeline of Ms K's self-employed accounts and the Council’s actions. It told Ms K if she remained dissatisfied, she could ask for a review at level two of the Council’s complaints process.
15. The Council say it has recognised that as this was within one month of Ms K’s benefit assessment it should have advised her of the right of appeal.
16. Ms K asked for a review at level two in March 2022.
17. The Council completed its review in April 2022. It told Ms K she had exhausted the Council’s complaints process. The Council explained she could raise her concerns with the Ombudsman, but again did not explain her right of appeal.
18. Ms K complained to the Ombudsman in April 2022.

Council’s Response to my enquiries

19. The Council responded to my enquiries in September 2022.
20. The Council accepts it was at fault in failing to advise Ms K of her right to appeal in both its level one and two responses. It said it would still be possible to refer Ms K for an appeal. This was because of the exceptional circumstances in it not telling her of her right to an appeal, and it being less than a year since it reconsidered her application.
21. The Council has also suggested a remedy for the fault leading to injustice to Ms K. It has said it will:

• Pay Ms K £100 in recognition of the time and trouble it has put her to in making this complaint. However, it recommends this be credited to her council tax account which it says is in arrears.
• Review and reconsider Ms K’s application pursuant to Ms K providing further information.
• Improve the information it provides about appeal rights to claimants.

Analysis

22. The Council did not tell Ms K of her right of appeal. This was fault. It deprived Ms K of exercising her right to appeal earlier and caused her anxiety and put her to avoidable time and trouble in complaining to the Ombudsman.
23. In recognition of the fault the Council has suggested a remedy for the injustice caused to Ms K. The Council has offered to review Ms K’s application. If she is not satisfied with that new decision Ms K can exercise her right of appeal. In considering our Guidance on Remedies, I am satisfied the Council’s offer goes some way to remedy the injustice caused. However, I believe an apology and a reminder to staff of the importance of giving clear information on appellant rights would further remedy the injustice and prevent the same fault reoccurring.

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Agreed action

24. By 2 November 2022 the Council will:

• Apologise to Ms K for failing to advise her of her appeal rights, causing her anxiety and putting her to avoidable time and trouble of complaining.
• Credit Ms K’s Council tax account for 2022/23 with £100.
• Contact Ms K to discuss what information the Council will need to consider her application.

25. By 30 November 2022 the Council will:

• Confirm and provide evidence the amendments the Council proposes are added to letters and its website ensuring claimants are aware of their right to appeal; and
• Share this decision and remind staff dealing with Housing Benefit and Council Tax claims to advise claimants of their rights of appeal.

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Final decision

26. I have completed my investigation by finding the Council was at fault for not explaining Ms K’s appeal rights. This caused Ms K an injustice of anxiety and put her to avoidable time and trouble. The Council has agreed to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman