Summary: We will not investigate this complaint about rent arears because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, says the Council did not tell her that her adult children should contribute to the rent. Mrs X has rent arrears and says she is facing eviction. Mrs X wants the Council to waive the rent arrears and provide her with permanent accommodation.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mrs X and her adult children moved into temporary accommodation in January 2024. The tenancy agreement stated the rent. Mrs X claimed housing benefit. The Council awarded housing benefit but the amount was reduced because she lives with adult children. This means the housing benefit does not cover all the rent. The law expects adult children to make a contribution to the rent.
5. Mrs X did not make any payments to cover the difference between her rent and the housing benefit. By 2025 Mrs X had rent arrears of more than £4000. The Council discussed a payment plan but I do not know if one was agreed. The Council told Mrs X that her housing benefit is correct.
6. Mrs X also reported disrepair and a desire to move. The Council logged these as separate complaints.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. Mrs X says the Council did not tell her that her children must pay rent. However, Mrs X knew how much housing benefit she was receiving, and she knew the rent she was required to pay. Mrs X could have paid the shortfall or contacted the Council to ask for additional help or an explanation. If she has not already done so, Mrs X can speak to the Council again about a payment plan. Mrs X could ask her children for a contribution but that is a private matter and one to be determined by the family. I acknowledge Mrs X is facing significant arrears but there is nothing to suggest we need to start an investigation. In addition, we have no power to tell the Council it must waive the arrears.
8. I will not comment on the disrepair or Mrs X’s wish to move because I do not have any evidence that she has completed the complaints process about these issues. I will add, however, that people can usually only move to permanent accommodation if they made a successful bid to the housing register. We could not tell the Council to provide Mrs X with a new home.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman