Westminster City Council (22 012 462)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Closed after initial enquiries

Decision date : 12 Jan 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s alleged failure to cover Mr X’s accommodation costs. This is because the Ombudsman would be unlikely to find fault with the Council’s actions.

The complaint

  1. Mr X complained a Council employee told him during a phone call that the Council would cover the costs of him staying in a hotel but failed to do this. He also complained Council staff failed to help him during a meeting.
  2. He said the Council’s actions caused him stress and financial loss.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
  • there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X applied for housing benefit to the Council after becoming homeless. He states the Council told him he could stay at a hotel or hostel whilst waiting to hear about the application and it would cover the costs.
  2. The Council told Mr X he was not eligible for housing benefit. The Council also told him it would not reimburse him for his hotel stay because it did not place him in this accommodation.
  3. Mr X then attended an interview with two Council officers as he was not happy with the Council’s decision. Mr X said the officers were unhelpful and unprofessional.
  4. Mr X wants the Ombudsman to find fault with the Council for not reimbursing him for his hotel stay and for the conduct of the Council officers during the meeting. Council has explained it does not cover the costs of private accommodation and has confirmed the Council officers gave Mr X the correct information. There is no requirement for the Council to cover the cost of private accommodation whilst it is considering a homeless application. There is no evidence of fault in the Council’s actions.

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Final decision

  1. We will not investigate Mr X’s complaint because the Ombudsman would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman

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