Overview:

Key to names used

• Mrs X The complainant
• Mr Y Her representative

Summary

On behalf of Mrs X, Mr Y complained the Council took over six years to forward Mrs X’s benefit appeal to the Tribunal. Mr Y said the Council’s delay caused Mrs X avoidable distress, uncertainty and frustration.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

Within four weeks of the date of this report, we recommend the Council should:

• apologise to Mrs X in writing for the faults and injustice identified. The Council should consider our guidance on “Making an effective apology", set out in our Guidance on remedies; and

• pay Mrs X £350 to recognise the avoidable distress and uncertainty caused by the Council’s delay in referring Mrs X’s appeal to the Tribunal. This figure accounts for the length of the delay in Mrs X’s case, while also recognising Mrs X did not complain about the delay within 12 months of becoming aware of it. This also recognises the avoidable time and trouble caused by the Council failing to remedy injustice through its complaints procedure.

Within four months of the date of this report, we recommend the Council should:

• pass the remaining backlog of appeals to the Tribunal, prioritising appeals where the decision impacts the claimant’s current entitlement to Housing Benefit; and

• review the resources for its appeals team, to ensure it can process appeals promptly.

The Council has accepted these recommendations and should provide us with evidence it has complied with the above actions.

Ombudsman satisfied with Council response: 25 February 2025.

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