Summary: We will not investigate this complaint about the Council’s decision that it cannot pay housing benefit to the complainant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council will not help with his rent and will not respond to his emails.

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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))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes email correspondence about his claims. I also considered our Assessment Code.

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My assessment

5. Most people receive help with their rent through Universal Credit (UC) and cannot claim housing benefit. Mr X was receiving help with his rent through UC.
6. The Department for Work and Pensions (DWP) stopped Mr X’s UC because it says he did not engage with a review. Mr X asked the Council to pay housing benefit because the UC support had stopped.
7. The Council told Mr X it cannot pay housing benefit because he must receive help through UC. It said he could challenge the UC decision with the DWP. It awarded council tax support from April 25 and signposted Mr X to other sources of discretionary support. The Council sent several emails to Mr X explaining the position.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council did respond and, in so doing, correctly explained that Mr X cannot get help through housing benefit because he is required to get rent support via UC. The DWP suspended his UC claim but that does not mean there is any requirement for the Council to pay housing benefit; the Council cannot pay housing benefit regardless of whether the UC is in payment. Mr X is not entitled to housing benefit and we could not ask the Council to pay it as that would be contrary to the regulations. Mr X can contact the DWP regarding his UC claim and housing costs.
9. Mr X made some claims for benefit in 2022 and 2023; these did not progress because Mr X did not provide information requested by the Council. I will not investigate these issues because they occurred more than a year ago.

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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