Summary: We will not investigate Ms X complaint about the Council’s handling of her housing benefit and homelessness case. This is because the Council has offered a suitable remedy for the delays and because it is reasonable for Ms X to use her right of appeal. In addition, there is insufficient evidence of fault.

The complaint

1. Ms X complains the Council delayed her applications for housing benefit and homelessness. She also says the Council miscalculated the housing benefit awarded, and this led to rent arrears. She says the family have been in temporary accommodation for four years and the Council have refused to move them. She also complains the Council failed to take the medical needs of a family member into account and therefore the accommodation provided is unsuitable.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• 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; or

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says there have been delays in processing her applications for housing benefit and homelessness. The Council has apologised to Ms X for the delays and recognised that it could have kept Ms X better informed. The Council agreed to deduct £400 from Ms X’s arrears in recognition of the distress and inconvenience of these delays caused. This is a suitable remedy and further investigation would not lead to any further recommendations. Therefore, I will not investigate this complaint.
8. Ms X says the Council miscalculated her housing benefit and the delays caused her to go into arrears. The Council has reviewed its decision and identified a calculation error for a specific period from September to October 2024. It confirmed this was corrected and the benefit award recalculated. This is a suitable remedy, and further investigation would not add anything to the Council’s investigation or lead to a different outcome.
9. Ms X continues to dispute the Council’s calculation of her housing benefit. It is reasonable for Ms X to use her right of appeal to the First Tier Tribunal, and I will therefore not investigate this part of the complaint.
10. Ms X also says their family has been in temporary accommodation for four years. She says the Council failed to take the medical needs of a family member into account and the accommodation is unsuitable. Ms X says the Council have refused to move her family to more suitable accommodation due to the rent arrears.
11. In its Stage 2 complaint response the Council explained the banding applied to Ms X’s housing application and how she can ask for a review of this by providing evidence of the medical needs. It says Ms X has not provided this information, so the banding has not been reviewed. I will not investigate this complaint as there is not enough evidence of fault. It is open to Ms X to provide the requested information so the Council can complete its review.
12. The Council advised Ms X the rent arrears are a result of non-payment of her rent contribution over a period from November 2021 to April 2023, rather than being caused by any delay in the Council dealing with her housing benefit claim. The Council’s policy is to not offer a new tenancy to applicants in rent arrears except in exceptional circumstances. Ms X has not provided the Council with evidence of such circumstances. I will not investigate this complaint as I cannot question the outcome where there is not enough evidence of fault in the way the Council has made its decision.

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Final decision

13. We will not investigate Ms X’s complaint because the Council has already provided a suitable remedy for part of the complaint. There is not enough evidence of fault by the Council to justify investigation of the other points. Finally, it is reasonable for Ms X to use her right of appeal regarding her housing benefit.

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Investigator's decision on behalf of the Ombudsman