Summary: Ms J complains about the Council not accepting her appeal request against a housing benefit overpayment decision. And not using her own figures to recalculate her entitlement. She also complains about a debt on her council tax account. The Ombudsman intends to close our investigation, as the Council has agreed to write off the debts and refund payments Ms J has made.

The complaint

1. The complainant, whom I shall refer to as Ms J, complained about the Council’s team that administers housing benefit and council tax support. She complains it:

• refused to communicate with her through her named representative;
• did not send all the information she and her representative requested;
• did not use information she sent it to make a correct housing benefit calculation;
• wrongly cancelled her direct debit;
• did not explain why it did not add a single person discount to her council tax account;
• has been misleading and uncooperative.

2. As a remedy, Ms J said she wanted the Council to recalculate the debt.

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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)

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How I considered this complaint

5. In investigating this complaint, I have:
• considered Ms J’s complaint and the information she provided;
• spoken to Ms J;
• considered an offer the Council made Ms J as a way to resolve the complaint.

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What I found

6. Ms J was working but also received a means-tested welfare benefit from the Department of Work and Pensions (DWP). The Council also paid her housing benefit, for help with her rent. The Council correctly used the fact she was receiving another means-tested benefit in its calculation of the housing benefit it should pay her.
7. There was a problem with Ms J’s DWP account, as her employer overpaid her. In turn, this led to an overpayment of her housing benefit. There were also issues with a discount on Ms J’s council tax account.
8. In 2022 Ms J complained about the Council’s recovery action on the debts to her account. This led the Council to make further calculations. It changed the overpayments. Ms J asked to appeal the Council’s decisions. The Council did not act on that request.
9. Later in 2022 the Council provided its complaint response at the final stage of its procedure. It:
1. apologised that:

• it had taken too long to respond;
• it had not provided information Mr J had sought;
• its contacts with her were not better;
2. provided revised figures for what it said she owed it;
3. noted it was reviewing staff training;
4. referred Ms J to the Ombudsman.

10. Ms J complained to the Ombudsman. Early in our investigation, the Council contacted us and asked for an opportunity to make Ms J an offer, as a way of resolving her complaint.
11. The Council spoke to Ms J and her representative. It then wrote to us to advise the matter had been investigated by a recently appointed manager. The Council advised it:
• could have better helped Ms J to clarify her entitlement to housing benefit and resolve issues with her council tax;
• should have communicated with Ms J’s representative.

12. So, recognising the distress the longstanding issue had caused Ms J, the Council agreed to:
• write off the housing benefit overpayment;
• refund payments she had made to that account.
13. Ms J has confirmed she is satisfied with this remedy.

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Final decision

14. I uphold this complaint, as the Council has accepted fault. I have completed my investigation, as the Council has offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman