Summary: Mr X complains the Council failed to communicate with him about his tenants’ housing benefit. The Ombudsman finds there was fault by the Council which caused Mr X time and trouble. The Council agreed to our proposed remedies.

The complaint

1. The complainant whom I shall refer to as Mr X, complains the Council refused to communicate with him regarding his tenants despite his having their authorisation to discuss their housing benefit claims. As a result, he says the tenants’ housing benefit was not paid and they have significant rent arrears. He says this has caused him time and trouble.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended).

Back to top

How I considered this complaint

4. I have discussed the complaint with Mr X and considered the complaint and the copy correspondence he provided. I made enquiries of the Council and considered the comments and documents it provided. Mr X and the Council had an opportunity to comment on my draft decision.

Back to top

What I found

5. Mr X works for a family trust which lets properties to tenants. He says he tried to assist two of his tenants, Mr A and Mr B when they made a claim for housing benefit from May 2019, but the Council would not communicate with him. He says this was despite the tenants authorising him to enquire on their behalf.

Mr A’s claim for housing benefit

6. The Council agrees that it had received one tenant, Mr A’s authority for Mr X to discuss his benefit from May 2019 when Mr A claimed. The Council should have sent letters care of Mr X. But the Council did not recognise this until July. The Council then sent a request for further information care of Mr X. The Council failed to highlight the note it added to its system regarding Mr X having authority to discuss Mr A’s claim. This meant that on some occasions officers refused to discuss the claim with Mr X.
7. The Council also accepts it had the information to assess the claim, but it incorrectly said Mr A did not supply this within time, and cancelled the claim. The Council had all the information required by the end of August 2019. However, it did not assess the claim until the end of March 2020. This delay was significant.

Mr B’s claim for housing benefit

8. The Council states that it has not received authority for from Mr B for Mr X to discuss his housing benefit claim. Mr X said that he had Power of Attorney (POA) for Mr B. However, the Council says that despite asking for evidence of this, Mr X has not provided it.
9. The Council says it cancelled Mr B’s claim because he did not respond to a request for further information.

Analysis

10. There was fault by the Council regarding how it dealt with Mr A’s claim and the way it communicated with Mr X. I consider Mr X was put to time and trouble in contacting the Council and complaining about Mr A’s claim. I have proposed a remedy for his injustice. However, the main injustice is likely Mr A’s, due to the delay in paying housing benefit. But, as I have not received a complaint from Mr A, I have not proposed a remedy.
11. I have not yet seen evidence of fault by the Council in the way it has dealt with Mr X’s enquiries about Mr B’s claim. It does not appear the Council had authority from Mr B for Mr X to enquire. Therefore, the Council could not give information to Mr X. Mr B had a right of appeal regarding the Council’s decision to cancel his claim. I note Mr B has given authority for an advice agency and another person to enquire about his claim. These representatives can advise him if necessary. In addition, I note the Council recently wrote to Mr B confirming its decision to cancel his claim and explaining that he can request a reconsideration.

Agreed action

12. I recommended that the Council, within 6 weeks of my decision:
• Apologises to Mr X for the delay in paying housing benefit to his tenant Mr A, and for failing to recognise he had authority earlier.
• Reminds officers to classify notes regarding authorisations to discuss claims as “important” so it is clear if someone has authorisation if they call the Council.

Back to top

Final decision

13. The Council has agreed to my recommendations so I have completed my investigation and closed the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman