Summary: We will not investigate this complaint about the reduction in the housing element of Universal Credit due to the number of bedrooms in Ms X’s home. This is because there is not enough evidence of fault by the Council to justify investigation. We cannot investigation the DWP and Ms X can appeal to a Tribunal.

The complaint

1. Ms X is a Council tenant. She says the Council is unfairly reducing her housing benefit due to the number of bedrooms in her home. She says one bedroom is too small to count as a bedroom.

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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.
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Department of Works and Pensions (DWP) which administers Universal Credit. (Local Government Act 1974, sections 25 and 34(1), as amended).
4. Universal Credit is a payment to help with living costs (including rent). It replaced housing benefit.
5. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit and universal credit appeals. (The Social Entitlement Chamber of the First Tier Tribunal).

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How I considered this complaint

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

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My assessment

7. Ms X complained to the Council regarding the matters in paragraph 1.
8. The Council visited Ms X’s home and inspected the bedroom. It advised Ms X it considered her home was correctly designated as a four-bedroom property. It said she could claim a discretionary housing payment and should advise that she used the room for medical equipment for a family member.
9. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant investigation. It appears the Council considered the designation of the rooms and the room sizes. Government guidance and caselaw state that room size, layout and intended use can be taken into account. However, ultimately there is no statutory definition of a bedroom and the issue can be decided on the individual facts of the case.
10. As Ms X claims Universal Credit which pays a housing element towards her rent, she can appeal to the DWP. Complaints about Universal Credit are for the Public Health and Service Ombudsman and we cannot investigate.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant investigation. We cannot investigate the DWP. Ms X can appeal to a Tribunal about the Universal Credit decision.

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Investigator's decision on behalf of the Ombudsman