Summary: We will not investigate this complaint about the amount of housing benefit the Council awarded. This is because there is insufficient evidence of fault by the Council and because the complainant could appeal to the tribunal. In addition, we cannot achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council has not considered her expenditure and debts when calculating her housing benefit. She wants the Council to reconsider her expenses.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6))

3. 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)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. I also considered our Assessment Code.

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My assessment

5. Ms X claimed housing benefit after she lost one of her jobs. The Council awarded £72 a week. Ms X asked for a review regarding the amount of benefit. The Council replied that expenditure is not considered when assessing housing benefit. The Council awarded a Discretionary Housing Payment (DHP) of £30 a week. This was to provide time for Ms X to find further employment.
6. Ms X says the amount of support awarded is not enough and the Council should take her debts and expenditure into account when deciding a benefit award.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Benefit legislation, which applies to the whole country, and is set by the government, controls how benefit claims are assessed. The rules make no provision for expenditure or debts to be taken into account. The Council must follow these rules and cannot consider Ms X’s expenditure. We could not achieve the outcome Ms X wants because we cannot ask the Council to assess the claim outside the regulations and the Council cannot change the rules because they are set centrally by government.
8. If, however, Ms X thinks the Council has calculated her claim incorrectly she can contact the Council and ask to appeal to the tribunal. But, the tribunal could not change the benefit rules and could not take the expenditure into account.
9. Ms X could also contact the Council to request a review of the DHP award. As part of a review request Ms X could provide the supporting medical evidence the Council previously requested. If Ms X asks for a review it would be for the Council to decide whether to change the DHP award.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council and there are review and appeal rights Ms X could use. In addition, we could not achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman