Summary: We will not investigate this complaint that the Council delayed paying the complainant’s housing benefit and did not make an interim payment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council took 56 days to process his housing benefit claim. He says he had to borrow money to pay the rent and wants one per cent daily interest for the loan.

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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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and similar complaints Mr X has made to us about other housing benefit claims.

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My assessment

4. On 10 February Mr X applied for housing benefit. The Council processed the claim on 28 March and made the payment on 7 April.
5. Mr X says the Council should have made an interim payment or put the claim into payment more quickly. He says he had to borrow money and he wants the Council to pay daily interest.
6. Councils can make an interim payment if it has enough information to know the applicant is eligible for housing benefit but, within 14 days, does not have enough information to make a final determination.
7. The Council says Mr X delayed providing information but it apologised for the time taken to process his application.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The 56 days refers to the period from receipt of claim to payment. This is not all delay because councils need time to process a claim and the Council says Mr X had not provided enough information at the outset to allow for an interim payment or faster decision. In addition, it is relevant that Mr X submits housing benefit claims for many different properties, for short rental periods, and the Council often has trouble verifying whether Mr X is liable for the rent or eligible for housing benefit. There may be an element of delay, possibly of about a month, but there is insufficient evidence of fault by the Council to require an investigation.

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Final decision

9. 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