Summary: We will use our discretion not to investigate this complaint that the Council delayed notifying the complainant about rent arrears and that it had stopped paying housing benefit.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council did not tell him it had stopped paying housing benefit and did not tell him about rent arrears. He disagrees with the decision that he was not entitled to housing benefit. Mr X wants the Council to waive the rent arrears and reinstate the benefit.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. 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

6. I considered information provided by Mr X and the Council. This includes the complaint correspondence, email exchanges and housing benefit decisions. I also considered our Assessment Code.

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My assessment

7. Mr X was receiving housing benefit based on getting Universal Credit (UC). In November 2022 the Council received information stating the UC ended in January. The Council ended the claim from November. The Council could have closed the claim from January and asked Mr X to repay the benefit from January; it did not do this. The Council sent a decision notice saying Mr X was not entitled to housing benefit and had to pay the full rent. Mr X says he did not receive this letter. I have seen an email Mr X wrote saying he received a letter in November confirming entitlement to housing benefit.
8. In March the landlord sent Mr X a Notice to Quit. Mr X sent it to the Council. In May Mr X emailed the Council to say he had not had a response. The Council replied in May to say the housing benefit ended in November and he had arrears of £5722.
9. Mr X disagreed he was not entitled to benefit. Mr X made a new claim in July. The Council closed the claim in October because Mr X had not provided proof of his income.
10. In December the Council invited Mr X to make a new claim. Mr X submitted a claim in February. The Council awarded a small amount of benefit. The Council decided not to backdate the claim to November 2022.
11. In response to Mr X’s complaints the Council said the decision to end the claim in November was correct and it had notified him of the decision. The Council said it had failed to send letters notifying him of the rent arrears.
12. I will not start an investigation for the following reasons. Mr X could have used his appeal rights if he thought any of the benefit decisions were wrong. This includes the decision to end the claim, close the new claim or refuse to backdate. The Council notified Mr X of his appeal rights. It is reasonable expect Mr X to have appealed because the tribunal is the appropriate body to consider benefit disputes. We do not make benefit decisions and cannot tell the Council to backdate the claim.
13. Mr X says he did not get the November decision and was unaware of the need to pay full rent. I have seen the decision letter and the Council used the correct address. Mr X says he did receive a letter and says it told him of an on-going award. On balance, I think it is possible Mr X received the decision ending the claim but may have misunderstood what the letter said.
14. The Council accepts it did not send letters about the rent arrears. But, by March Mr X knew there was a problem and this was confirmed in May. From May, and possibly from an earlier date, Mr X knew he needed to make rent payments. But the arrears have continued to increase which suggest Mr X made few payments. I appreciate Mr X thinks he had an on-going entitlement to benefit but unless and until a new claim was awarded, he was required to pay the rent. So, while there was a failure by the Council to issue rent reminders there was more Mr X could have done to deal with the rent arrears and benefit situation.
15. Mr X says the Council should have considered hardship, and the well-being of his children, before stopping the benefit. However, people either qualify for benefit or they do not, and they can use their appeal rights if they disagree. In addition, the Council decided not to pursue an overpayment from January 2022 which, if raised, might have caused hardship.

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Final decision

16. We will use our discretion not to investigate this complaint because there were appeal rights Mr X could have used and additional actions he could have taken.

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Investigator's decision on behalf of the Ombudsman