Summary: We will not investigate this complaint about the Council’s delay in reviewing the complainant’s entitlement to housing benefit, as well as her dissatisfaction with its entitlement decision about this and council tax reduction. This is because the complainant could reasonably ask for a review and appeal in respect of the substantive issues complained about.

The complaint

1. The complainant (Mrs P) complains about a delay by the Council in updating her entitlement to housing benefit. She says that once the Council eventually did reassess her entitlement, its decision was flawed. She also says the Council has wrongly decided she is not entitled to a council tax reduction.
2. In summary, Mrs P says the alledged fault has caused herself significant distress and uncertainty as regards to her entitlement. As a desired outcome, she wants the Council to be held accountable for the alleged failings.

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The Ombudsman’s role and powers

3. 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 investigate if we decide further investigation would not lead to a different outcome, 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)).
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).

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How I considered this complaint

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

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My assessment

Housing benefit entitlement

6. The Council’s assessment relating to the change to the care component was undertaken in July 2023. This created a housing benefit credit for approximately £350. Mrs P disagrees with this decision. In response, the Council has informed Mrs P she can request a reconsideration of the decision, but this must state what exactly she disagrees with in respect of the assessment. Further, once Mrs P has exhausted the Council’s review procedure, if she still disagrees with its decision then she ask for appeal to the First-Tier Tribunal. I consider it would be reasonable for Mrs P to exhaust these review and appeal right and so the restriction I outline at paragraph three (above) applies.
7. I recognise part of Mrs P’s complaint also relates to a delay by the Council in undertaking a review of her housing benefit entitlement since she had requested this in May 2023. This part of the complaint was upheld by the Council and so I do find fault. I accept this caused Mrs P an inconvenience which possibly caused a sufficient enough injustice to warrant her to bring a complaint to us. However, having carefully considered this point, it must be noted the Council has since rectified the problem by carrying out its latest assessment and it has apologised to Mrs P for the delay. In my view, the injustice claimed by Mrs P more relates to her dissatisfaction with the decisions about her housing benefit entitlement and that relating to council tax. However, we would not consider these for the jurisdiction related issues outlined. I consider the Council’s apology to be a sufficient remedy to the alledged injustice caused by the delay.

Council tax reduction

8. Separately, I also note Mrs P’s complaint also relates to her application for a council tax reduction which the Council has decided she is not entitled to. Disagreements about whether a person is entitled to a council tax reduction carries a right of appeal to the Valuation Tribunal Service (VTS). This is the body Parliament established to resolve such disputes. There is no cost to make an appeal and a complainant does not need to be represented. I therefore consider it would be reasonable for Mrs P to exercise her right of appeal to the VTS. The restriction I outline at paragraph four (above) therefore applies.

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Final decision

9. I will not investigate this complaint. This is because the restrictions I outline at paragraph three and four (above) apply.

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Investigator's decision on behalf of the Ombudsman