Summary: We will not investigate this complaint about the Council providing the wrong advice about claiming Universal Credit. This is because there is insufficient evidence of fault to justify investigation.

The complaint

1. Mr X complains the Council failed to advise him to claim Universal Credit for three months. This led to him losing out on significant housing costs support. He says this has led to distress and anxiety.

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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 or continue 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. Universal Credit is a payment to help with living costs (including rent). It replaced housing benefit. The Department for Work and Pensions, which is not part of the Council manages Universal Credit. This means I cannot consider complaints about it. The Parliamentary and Health Service Ombudsman may decide to investigate complaint about DWP.

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains the Council gave him incorrect advice in May 2024 when he approached it for housing costs support. He says it told him it would consider a housing benefit claim later as he was planning to leave his home. When he asked the Council about claiming again in August 2024, it told him it could not pay housing benefit and he should have claimed Universal Credit instead.
6. When Mr X claimed Universal Credit it would not backdate his claim to May 2024.
7. The Council’s responses to Mr X’s complaints state it had no record of Mr X contracting its customer services in May 2024. The first record it had was in August 2024 when it advised Mr X he should claim Universal Credit for housing costs. Mr X has not provided information about the claimed earlier contact with the Council.
8. There is not enough evidence of fault by the Council to justify an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman