Summary: We will not investigate this complaint that the Council mis-advised the complainant about making a new housing benefit leading to rent arrears. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says the Council told her to make a new housing benefit claim but, six months later, she found out she should have claimed Universal Credit (UC). Ms X accrued rent arrears during this period which she wants the Council to cover.

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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 Ms X and the Council. This includes the complaint correspondence. I also considered information on the Council’s website and our Assessment Code.

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My assessment

4. Ms X moved from a different council area and claimed housing benefit. She applied for housing benefit and council tax support. Ms X kept chasing and was told her claim was being processed. In September the Council awarded council tax support and said Ms X needed to claim help with housing costs from UC. Ms X says she accrued rent arrears of £3500 during this time.
5. Ms X claimed UC from September but did not receive backdating. She complained to the Council that it had misled her and had not advised her to claim UC.
6. In response the Council said there are warnings on the webpage Ms X used to make her application, on the application form, and after a claim is submitted. The warnings explain that most people must claim UC and cannot get housing benefit. The warning says people who move from another council area where they were getting housing benefit must apply for UC. The Council said it had provided enough information for Ms X to know she should apply for UC. The Council said she could apply for a discretionary housing payment (DHP).
7. Ms X applied for a DHP. The Council awarded £2050 to help Ms X pay the arrears. The Council says that in December the arrears were £2508 and Ms X has deductions taken from her UC to pay the remaining arrears.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. I have looked at the warnings and these show the Council provides enough information to let people know that most applicants will need to apply for UC rather than housing benefit. The warnings also provide links to UC. It is unfortunate Ms X made the housing benefit claim, but there is not enough evidence to say this was due to fault by the Council.
9. The Council awarded £2050 via a DHP. DHPs are discretionary and nobody has a right to a DHP or to a specific amount. The Council did not accept it had misled Ms X but it made a discretionary award to reduce the arrears. It decided not to cover all the arrears but it is for the Council, not us, to decide whether to make a DHP award and the amount.

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Final decision

10. 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