London Borough of Lambeth (25 028 812)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 07 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a housing benefit transitional payment. This is because there is not enough evidence of fault by the Council to warrant investigation.
The complaint
- Mr X complains the Council has not paid a transitional run on housing benefit payment to his rent account. The Council says it offset the transitional payment because it had already paid Mr X housing benefit for the same two week period in January 2025.
The Ombudsman’s role and powers
- 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)).
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council regarding the matters in paragraph 1.
- The Council replied it agreed Mr X was entitled to the two week run on payment. However, it said it had already paid housing benefit for the same period to which Mr X was not entitled. It had overpaid Mr X two weeks. The Council said it that it must by law offset any new entitlement against an outstanding overpayment. It had offset the run on payment against the housing benefit overpayment. This meant no further payment was made.
- The Council noted Mr X complained further the Council had double counted and had not paid anything for the two week period. Mr X said he now had a two week shortfall in his account. However it did not uphold his complaint. It confirmed that it had awarded the two week run on but this was offset against the housing benefit overpayment.
- We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council. Its records show it applied the two week run, on but this was offset against an overpayment of housing benefit that it had already paid. Therefore, no further payment was sent to Mr X’s account.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant investigation.
Investigator's decision on behalf of the Ombudsman