Summary: We will not investigate this complaint about the Council’s housing benefit application process and how it handled Mr X’s complaint about the process. This is because it is unlikely that we will find fault.

The complaint

1. Mr X has complained on behalf of his late stepfather Mr Y. Mr X says an error in the Council’s online housing benefit application process meant that Mr Y’s application for housing benefit was not registered. Mr X was unable to make a retrospective application once he realised the application had not been submitted, because Mr Y had passed away.
2. Mr X says slow complaint handling has led to uncertainty when administering Mr Y’s estate. He says this caused considerable stress and anxiety.

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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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. 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)
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X said when he made the application for housing benefit on behalf of Mr Y, he was sure it was complete.
9. When Mr X contacted the Council to check on the claim’s progress, he says he was told the Council had no record of the application.
10. He was advised to make a new application but could not because Mr Y had passed away.
11. The Council provided a clear explanation of how the online application process works. It said:

• If an application is incomplete, this is clear in the screens that are shown. It is also clear that the application must be completed within 14 days or the pass key provided will not be valid.
• If an application is successfully submitted the applicant receives an email confirmation.

12. I understand Mr X believed he had completed the application. However, as the Council did not receive a completed application for Mr Y it was unable to process the claim. It is unlikely that we will find fault in the Council’s actions.
13. Mr X complained the Council took too long to handle his complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

14. We will not investigate Mr X’s complaint because it is unlikely that we will find fault.

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Investigator's decision on behalf of the Ombudsman