Summary: Mrs X complained the Council delayed assessing housing benefit claims. There is no evidence of fault in the time taken by the Council to determine the claims once Mrs X provided all necessary information.

The complaint

1. Mrs X complains the Council delayed assessing housing benefit claims.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

4. This complaint is about delay in assessing housing benefit claims. The Ombudsman has considered a separate complaint about the delay by the Council in submitting the housing benefit claim for the period Mrs X lived in the hotel.

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How I considered this complaint

5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

7. In September 2023, the Council provided interim accommodation for Mrs X and her family in a hotel when they became homeless. The homelessness officer told Mrs X that she would submit a housing benefit claim on her behalf and that the Council’s housing benefit department would then contact her for further information to complete the claim.
8. Case notes indicate that there was contact between the Council and Mrs X and that she did ask about the housing benefit claim. The homelessness officer said that she would pass on the concerns to the housing benefit department. There is no evidence of any contact from the housing benefit department to Mrs X.
9. Mrs X and her family moved out of the hotel and into temporary accommodation in March 2024. The Council set up a rent account and started a housing benefit claim on 29 April 2024 for the new address. The benefit department wrote to Mrs X on 29 April 2024 requesting evidence to support the claim. Mrs X provided the necessary information on 14 May and the claim was processed on 16 May. Mrs X was awarded housing benefit for the new property from 22 March, the date the family moved.
10. Around this time, Mrs X learnt that she had arrears of over £4,000 in respect of the hotel accommodation from September 2023. Mrs X says this was the first time she was aware she had to make any payments for the hotel accommodation. The Council assisted Mrs X to make a backdated housing benefit claim for the period when she was resident at the hotel. This was submitted to the housing benefit department on 2 September 2024. By 23 September 2024, Mrs X had supplied all the necessary supporting documents in respect of this benefit claim. The claim was processed and housing benefit awarded on 11 October for the period the family was living in the hotel.
11. Mrs X made a formal complaint to the Council saying her housing officer had repeatedly told her there would be no charge while living at the hotel but that when they moved into other accommodation there would be. The complaint letter indicated that Mrs X was aware that her eldest daughter would be expected to contribute to the rent but says she was told this would not apply to any hotel accommodation. Mrs X says that this was the first time she was made aware of the debt.
12. The Council responded saying it was satisfied Mrs X had been told there would be charges for the hotel accommodation. It also confirmed they had been told a housing benefit claim would be made on their behalf and then they would be contacted to complete the housing benefit claim form. It acknowledged there was a delay in making the housing benefit claim for the hotel accommodation. It said Mrs X would need to use her rights of appeal if she disagreed with the amount of housing benefit awarded. It said the time taken to assess the claim had not affected the amount of benefit awarded.

Analysis

13. This complaint is concerned with delay in assessing housing benefit claims. Mrs X made claims for two distinct periods, one for her current temporary accommodation and another for the time she lived in a hotel.
14. The housing benefit claim for the current accommodation was made on 29 April and determined by 16 May. As this was determined and paid within 13 working days, I am not persuaded there was any delay.
15. The housing benefit claim for the hotel accommodation was made on 2 September 2024 and Mrs X provided all necessary information by 23 September. The Council then determined the application by 11 October. As this application was determined within 14 working days, I am not persuaded there was any delay in processing the application.
16. The application for the hotel accommodation should have been made by the Council in September 2023 when Mrs X moved into the hotel accommodation. There is nothing to suggest the Council made the application at that time despite telling Mrs X that it would do this. The failure by the Council to make the housing benefit application on behalf of Mrs X at the appropriate time is the subject of a separate complaint.

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Decision

17. There was no fault in respect of the time taken by the Council to determine housing benefit applications in this case.

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Investigator's decision on behalf of the Ombudsman