Summary: We will not investigate this complaint about how the Council communicated with Mr X about housing benefit overpayment. The Council has apologised for its communication, and an investigation now is unlikely to lead to a different outcome.

The complaint

1. Mr X complains the Council failed to update its records and communicated with him inconsiderately after he told it of his adult child’s death and queried a housing benefit overpayment. Mr X says the Council has caused him distress and frustration and wants the Council to make changes.
2. Mr X also complains about delays in the Council’s complaints handling.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X told the Council, both in person, and through different services, that his child had died. Despite this, the Council sent correspondence, including an invoice for housing benefit overpayment to his child’s previous address. Mr X also says the Council was unsympathetic to his loss and did not respond to his query about the housing benefit overpayment.
7. The Council has now completed its investigation of Mr X’s complaint. It has apologised to him for its communication, and for failing to update its records. The Council has also answered Mr X’s query about the housing benefit.
8. To remedy the distress, frustration and inconvenience it has caused, the Council has offered a symbolic payment as well as its apology. An investigation by the Ombudsman now is unlikely to lead to a different outcome, so we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman