Summary: We will not investigate this complaint that the Council did not tell the complainant she needed to claim help with her rent from Universal Credit. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says the Council did not tell her she was ineligible for housing benefit and needed to claim Universal Credit. She denies she told the Council she lived in supported accommodation. Ms X says she has lost £1150 in benefit and she wants the claim backdated to the start of her tenancy. Ms X also says the Council should offer more support.

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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. (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 Ms X and the Council. This includes the complaint correspondence and a copy of the housing benefit claim form. I also considered our Assessment Code.

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My assessment

4. Most people must claim help with their rent through Universal Credit (UC) which is administered by the Department for Work and Pensions (DWP). The DWP is not part of the Council. People in supported accommodation may be eligible for housing benefit from the Council.
5. Ms X started a new tenancy in October. She applied for help with her rent from housing benefit. The Council sent Ms X a letter in early November saying most people claim help with their rent from UC but must claim housing benefit if living in supported accommodation.
6. Ms X completed a housing benefit claim over the phone with a Council officer. The officer has confirmed she read all the questions to Ms X and recorded Ms X’s answers. The claim form states Ms X said she lives in supported accommodation. The Council assessed the claim but decided it had no evidence to support Ms X’s statement that she lives in supported accommodation.
7. In early December the Council issued a decision which said Ms X is not eligible for housing benefit. The Council signposted Ms X to the DWP. Over the next few weeks the Council explained, on a number of occasions, that Ms X needed to claim UC; it offered to contact the DWP on her behalf.
8. The Council liaised with the DWP after Ms X gave consent. Ms X claimed UC from mid-January. Ms X asked the Council about backdating and the Council directed her to the DWP.
9. In response to her complaint the Council explained it had processed her claim correctly and offered support in relation to making a claim via the DWP.
10. Ms X says the Council did not give her enough information to enable her to make the correct claim and, as a result, she has not received benefit from the start of the tenancy. Ms X wants the Council to pay her rent from the start of the claim.
11. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council provided information stating that most people cannot claim housing benefit; this was explained in a letter and on the claim form. The Council checked with the officer who assisted with the claim and she says Ms X stated she lives in supported accommodation. Ms X denies she said this but, as officers know when people can claim housing benefit then, on balance, it seems more likely than not that Ms X reported, perhaps by mistake, that she lives in supported accommodation. In addition, if Ms X was aware she does not live in supported accommodation, then the Council had provided information saying she must claim UC. The evidence does not suggest Ms X provided information to demonstrate to the Council that it should not accept a claim. In addition, the Council suggested Ms X claim UC in December and, if Ms X had done so, this would have restricted the period when she was without rent support and may have made backdating from the DWP easier.
12. Ms X says the Council should offer more support, especially for people with health issues. But, the notes show the Council offered a lot of support in terms of signposting Ms X to the DWP, offering advice and liaising with the DWP. It also correctly advised that she needs to contact the DWP about backdating.
13. I appreciate Ms X may not have had financial support from the start of her tenancy but I have not seen anything to suggest this is due to fault from the Council. The Council cannot provide support from the start of the claim because Ms X is not eligible for housing benefit.

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Final decision

14. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman