Summary: We will not investigate this complaint about how the Council assisted Mrs X in applying for Universal Credit. This is because we cannot achieve the outcome Mrs X wants and there is a body better placed to investigate her complaint.

The complaint

1. Mrs X complained about how the Council applied for Universal Credit (UC) on her behalf. She said a Council Welfare Adviser did not explain the financial implications of applying at that time. She says if they had done so, she would have refused to allow them to apply on her behalf.
2. Mrs X said this caused her financial hardship. She wants to be compensated and for Council staff to receive training.

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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 not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint

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

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X sought assistance from the Council after receiving a letter regarding moving across from Housing Benefit to UC. The letter said she should not apply to move across to UC until she received a Notice. Mrs X complained the Welfare Adviser made the application applied for UC on her behalf without waiting for the Notice. As a result, Mrs X said she lost her transitional protection, and her benefits have been significantly reduced.
7. The Council responded to Mrs X’s complaint and stated the Welfare Adviser contacted the Department for Work and Pensions (DWP) who said it was the correct time for Mrs X’s Universal Credit application to be made. The Welfare Advisor then made the UC application on behalf of Mrs X.
8. When Mrs X received her UC payment, she said it was significantly less than her previous Housing Benefit payments. The Council offered Mrs X a payment of £250 due to her financial hardship and advised she contact the DWP.
9. We will not investigate this complaint because we cannot achieve the outcome Mrs X wants, which is to be paid the correct UC. Only the DWP can do this, and we do not have the power to investigate its actions. Mrs X can ask the DWP to review her eligibility for transitional protection. If unsuccessful, she can appeal to the First-tier tribunal.

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Final decision

10. We will not investigate Mrs X’s complaint because we cannot achieve the outcome Mrs X wants and there is a body better placed to investigate her complaint.

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Investigator's decision on behalf of the Ombudsman