Summary: We will not investigate Mr X’s complaint about the Council’s refusal to write-off the remainder of his housing benefit debt. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr X complains the Council refused to write-off the remainder of his housing benefit debt. He says the Council did not properly consider his vulnerabilities.
2. Mr X says the matter has caused him significant distress. He wants the Council to write off the remaining debt, apologise, and pay him compensation.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I also considered the Ombudsman’s Assessment Code and the Council’s debt write-off policy.

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My assessment

6. Mr X asked the Council to write off the remainder of his housing benefit debt because of financial hardship. The Council agreed to write off part of the debt, but not all of it. Mr X says the Council did not properly consider his vulnerabilities. He wants the Council to write-off the whole remainder of the debt.
7. The Council’s debt write-off policy says it may use its discretion to write off recoverable debts in certain circumstances, such as where there is financial hardship. To assess hardship, a personal budget sheet should be completed showing income and expenditure. Hardship may be identified where income, after priority debts, is £10.00 or more below the applicable amount.
8. The evidence I have seen shows the Council referred Mr X to a specialist debt advice service to review his financial situation and identify any hardship. It appears Mr X did not provide the Council any financial evidence to support his debt write-off request, only written statements regarding his circumstances. The Council was therefore not satisfied he had shown financial hardship under its policy.
9. I am satisfied the Council considered Mr X’s request, and evidence he provided, in line with its policy and made a decision it was entitled to. As there is not enough evidence of fault in how the Council made its decision, we cannot question the outcome. It remains open to Mr X to provide further supporting evidence if he wants the Council to reconsider whether he meets its criteria for financial hardship.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision-making.

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Investigator's decision on behalf of the Ombudsman