Summary: We will not investigate this complaint about the Council suspending Mr X’s housing benefit claim. He made a claim in the County Court to recover money which he says the Council owes him as a result of the suspension.

The complaint

1. Mr X complained about the Council suspending his housing benefit claim. He says that as a result he lost over £670 in benefits.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X was claiming housing benefit in 2023 and the Council sent him a form to be completed by his landlord to renew his claim for benefit in supported accommodation. Instead of passing it to the landlord Mr X completed and returned the form himself. When the Council received it, the claim could not be renewed without the landlord information so it wrote directly to the landlord with a new form.
6. The landlord failed to return the form within the required one month timescale the Council informed Mr X that his claim had been suspended pending required information. The Council erroneously worded the letter saying that he had failed to return the form rather than the landlord had failed to do so. However, until a completed form was received the claim was suspended.
7. Mr X made a formal complaint and the Council apologised for the wording but confirmed that it needed the information to renew the claim. The landlord sent the form to the Council shortly afterwards and the claim was re-instated. Mr X remained dissatisfied and asked the complaint to be escalated to Stage 2 of the complaints procedure. However, before the Council replied he submitted a claim to the County Court for a judgement on money he claimed he was owed by the Council. The Council ended the complaint process because it may prejudice the outcome of the court proceedings.
8. We cannot investigate complaints which concern matters subject to court action.

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Final decision

9. We will not investigate this complaint about the Council suspending Mr X’s housing benefit claim. He made a claim in the County Court to recover money which he says the Council owes him as a result of the suspension.

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Investigator's decision on behalf of the Ombudsman