Summary: We will not investigate this complaint about the Council’s decision not to accept Miss X’s housing benefit debt repayment offer. This is because the Council has recognised it was at fault and has taken reasonable actions to remedy this. An investigation would therefore be unlikely to result in a different outcome.

The complaint

1. Miss X complained the Council would not accept her offer to repay a housing benefit overpayment, despite the fact it was the most she could afford to pay.

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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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. Miss X is currently repaying a housing benefit overpayment she received several years ago and recently approached the Council via a debt charity to adjust the repayments she is making so they are more affordable for her. She complained to the Council after it refused her offer.
6. The Council investigated and conceded it should have accepted the offer in light of Miss X’s circumstances. The Council agreed to suspend debt recovery action on Miss X’s arrears for 6 months to allow her time to complete an income expenditure form, which the Council could use to work out an affordable payment plan for Miss X. The Council apologised to Miss X and told her going forward it would ensure better sign posting for people experiencing financial difficulty and would deliver training to its staff.
7. Miss X remains unhappy with the situation and has brought the complaint to the Ombudsman. The evidence shows the Council has responded to Miss X’s complaint by investigating what happened, establishing what should have happened, conceding fault and explaining what it will do to put things right. The Council has placed a hold on Miss X’s complaint and has confirmed the actions it will take to ensure it handles such situations correctly in future. These were reasonable actions for the Council to take.

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Final decision

8. We will not investigate Miss X’s complaint because an investigation would be unlikely to result in a different outcome.

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Investigator's decision on behalf of the Ombudsman