Ashford Borough Council (22 014 665)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Closed after initial enquiries

Decision date : 15 Feb 2023

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint that action by the Council to recover an over-payment of housing benefit is causing him poor mental health. It is unlikely we would find fault.

The complaint

  1. Mr X complained the Council’s decision to implement a direct earning attachment (DEA) has caused him poor mental health.

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The Ombudsman’s role and powers

  1. 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X has council tax arrears which have accrued over several years. He must also repay the Council an over-payment of housing benefit he received. Mr X does not deny he owes this money to the Council.
  2. The Council has previously withheld taking action to recoup both the council tax and housing benefit debts. However, at the end of 2022 it told him it would now implement a ‘direct earning attachment’ (DEA) to recoup the housing benefit overpayment. It confirmed it would not implement further DEAs in relation to the council tax he owed whilst the housing benefit DEA was in place.
  3. Mr X states the action by the Council to recover money he owes is causing him severe mental distress. He wants the Council to recoup his council tax debt first. However, the Council is entitled to take action to recoup money it is owed. It can arrange for the housing benefit overpayment to be made first. It has advised Mr X about what steps he can take to apply for period of respite from his debt. It is unlikely we would find fault.

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Final decision

  1. We will not investigate Mr X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman

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