London Borough of Lewisham (23 014 315)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Upheld
Decision date : 04 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delay in writing off a debt. The Council has now written off the debt and it has apologised to Mr X for the delay. This is a suitable remedy.
The complaint
- Mr X complained the Council failed to write-off a debt that it said in 2022 it would. He says despite the Council saying in late 2023 it had actioned the matter, it had failed to apply this to his account and keep him updated.
- Mr X says the delay in applying this write-off meant the Council communicated incorrect figures to his solicitors and court. He says the matter has impacted his health. He wants the Council to provide him a breakdown of his housing benefit account.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X and the Council have been in communication about Mr X’s housing benefit and rental debts for several years. He brought a complaint to us previously relating to one period, and we also considered his concern about the Council not having provided a breakdown of payments.
- The Council issued Mr X a complaint response in 2022, in which it said it would write off a debt of around £500, relating to one of the properties. Mr X’s complaint to us is about the subsequent delay in the Council applying that write-off
- The Council has now applied the write-off to Mr X’s account. It also apologised for the delay. If we investigated this complaint, it is unlikely we would recommend anything different.
- The outcome Mr X says he seeks from complaining is for the Council to provide him a breakdown of payments on his rent account. As we already considered this in our previous involvement, I will not reconsider this. This request also relates to separate disputes about Mr X’s rent account, which are not part of this complaint. The steps the Council has taken in applying the write-off and apologising are suitable to remedy the injustice caused to Mr X for the delay this complaint relates to. Now the Council has applied the write-off, it is open to Mr X to request an updated statement of his rent account showing the current situation.
Final decision
- We will not investigate Mr X’s complaint because the Council has taken suitable action to remedy the injustice caused to Mr X by its delay in applying the write-off it promised in 2022.
Investigator's decision on behalf of the Ombudsman