London Borough of Sutton (25 011 841)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 16 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about housing benefit paid to a housing charity. This is because there is insufficient evidence of fault by the Council to warrant investigation.
The complaint
- Ms X complains on behalf of a charity providing accommodation that the Council removed the housing services element from housing benefit paid to tenants. She says the Council’s assessments were inconsistent and incorrect.
The Ombudsman’s role and powers
- 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)).
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council regarding the matters in paragraph 1.
- The Council replied it had carried out an audit and found that it had not dealt with some claims in accordance with housing benefit regulations. It had not treated claims consistently. The Council would be liable for a financial penalty from DWP if not corrected. The review and decisions were not matters it could discuss in advance. The Council said it:
- Had Corrected claims
- Had provided training and guidance to teams.
- Would not recover overpayments from claimants.
- Provided information to claimants about requesting reconsideration of its decisions and making an appeal.
- There is not enough evidence of fault by the Council to warrant investigation. The Council has reviewed claims to ensure they are correct. It is required to do this in accordance with housing benefit regulations. It has confirmed it will not recover overpayments created as a result of the review.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman