Summary: We will not investigate this complaint about how the Council handled a housing benefit application. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council did not pay housing benefit to Mr Y despite a formal award.
2. He also said the Council suspended payments prematurely due to migration to Universal Credit. He said it failed to safeguard a vulnerable adult. He wants Mr Y to receive support and financial redress.

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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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or

(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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Government is currently moving (or migrating) people who are entitled to certain benefits, including housing benefit, to Universal Credit. It does this by issuing the person with a ‘migration notice’. They then have three months to apply for Universal Credit.
7. Mr Y received his migration notice. He subsequently made a housing benefit application which the Council declined. Mr Y appealed the decision and provided evidence of his Severe Disability Premium. The Council reviewed the appeal and sent Mr Y a letter awarding him housing benefit.
8. The next day the Council revised its decision and issued a further letter to Mr Y stating he was not entitled to housing benefit. This was because under the new migration policy, having an award of Severe Disability Premium does not exempt you from having to move to Universal Credit. The Council also signposted Mr Y to information on how to make a Discretionary Housing Payment application.
9. We will not investigate this complaint because the Council identified its error and notified Mr Y promptly. It also correctly advised him to make a UC application. Therefore, there is not enough evidence of fault to justify the Ombudsman’s involvement.
10. Mr X said the Council suspended payments because Mr Y received a migration notice. The migration notice was sent by the Department of Work and Pensions (DWP). Mr X can contact the DWP with any concerns or complaints about support whilst Mr Y transitions from Employment Support Allowance to UC.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman