Summary: We will not investigate this complaint about the Council’s decision to suspend Miss X’s housing benefit and for asking Miss X for more information. This is because there is insufficient evidence of fault. In addition, it is reasonable for Miss X to use her right of appeal to Tribunal.

The complaint

1. Miss X complains about the Council’s decision to suspend her housing benefit. She says the Council kept asking for more and more information. She says she is now in rent arrears and her landlord is seeking possession.

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The Ombudsman’s role and powers

2. We investigate 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
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X received housing benefit. She said the Council asked her to provide some information, which she provided in March 2023. The Council then suspended her account.
8. In response to Miss X’s complaint, in May 2023, the Council accepted there was an administration error which resulted in her email and information not being attached to her claim. The Council said it lifted the suspension once it realised this mistake. The Council apologised to Miss X for this oversight.
9. However, the Council later told Miss X it still could not reassess her claim as it was missing important information to allow it to complete the reassessment accurately. The Council provided Miss X with a list of the information it required to complete the reassessment of her claim and suspended her claim in the meantime. In July 2023, the Council requested further information from Miss X and asked her to provide the information by August 2023.
10. An investigation is not justified as we are not likely to find fault. This is because the Council is entitled to ask Miss X for information to help it reassess her housing benefit claim. The Council’s decision to suspend Miss X’s claim while it waits for the information is also in line with legislation and guidance. It was open to Miss X to provide the Council with the required information needed to reassess her claim.
11. The Council confirmed if Miss X did not provide the information requested within the timescale set, it would reassess her claim using the information it did have available. It is not clear whether the Council has now completed its reassessment of Miss X’s housing benefit claim. However, if the Council has made its decision on Miss X’s claim, she has the right to appeal the Council’s decision. It is reasonable for Miss X to use her right of appeal if she disagrees with the Council’s decision.

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Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of fault. In addition, it is reasonable for Miss X to use her right of appeal to Tribunal.

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Investigator's decision on behalf of the Ombudsman