Summary: We will not investigate this complaint about the Council's management of Miss X's temporary accommodation and Housing Benefit account, which led to rent arrears. This is because the matters she complains about are subject to statutory rights of review and appeal, either to a tribunal or the court.

The complaint

1. Miss X says the Council failed to manage her housing and benefit account by not acting on a known Housing Benefit shortfall and allowing arrears to increase. She also says housing staff gave conflicting information, and one staff member acted unprofessionally. Miss X says the Council wrongly refused to consider her complaint and instead treated it solely as a benefits issue. She says this caused her stress, anxiety, and financial hardship.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

8. Miss X says errors in the Council's Housing Benefit assessments and advice caused rent arrears to accrue on her temporary accommodation account. She also says the Council failed to explain the charges properly, gave conflicting information about the debt and did not adequately support her when the arrears increased.
9. The law provides a statutory right of review and appeal where someone disagrees with a Housing Benefit decision, including the calculation or application of their entitlement. Miss X has already requested a review of the Housing Benefit decision and, if she remains dissatisfied, she can appeal to the independent Social Entitlement Chamber tribunal. We will not investigate this part of Miss X’s complaint because it would be reasonable for her to use this right.
10. Regarding Miss X’s complaint the Council allowed the arrears to accrue without making her aware of them. Based upon the evidence I have seen the Council contacted Miss X about the arrears, offered support and discussed repayment arrangements. While Miss X disputes receiving some correspondence, the Council's records show it took steps to notify her of the debt and seek engagement regarding repayment.
11. The Council decided to serve Miss X with notice to end her temporary accommodation because of the level of arrears on her account. After Miss X left the accommodation, the Council discharged its housing duty and told her she could request a review of that decision under section 202 of the Housing Act 1996, with a further right of appeal to the court. It would have been reasonable for Miss X to use that remedy if she disagreed with the decision.
12. Miss X also complains the Council should have considered some aspects of her concerns through its complaints procedure rather than treating the matter as a Housing Benefit dispute. However, the Ombudsman does not normally investigate complaint handling as a standalone issue where we are not investigating the substantive matters complained about.

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Final decision

13. We will not investigate Miss X’s complaint. This is because the matters she complains about are subject to statutory rights of review and appeal, either to a tribunal or the court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman