Summary: Ms B complained about the Council’s actions in carrying out two reviews of her housing benefit claim in two successive years. We have not found fault with the Council’s actions.

The complaint

1. Ms B complained that the London Borough of Waltham Forest (the Council) suspended her mother, Mrs C’s housing benefit payments following a request to carry out a random review of her claim. She says the request was unreasonable and contributed to Mrs C’s rent arrears which were a factor in her eviction. The Council also asked for documents and information in a piecemeal manner when it carried out the review which caused Mrs C and Ms B significant distress.
2. The Council carried out a second review of Mrs C’s housing benefit claim within six months of the previous review concluding. This was unreasonable and did not consider Mrs C’s vulnerability or the fact that a review had recently been done. It again caused Mrs C and Ms B distress and inconvenience.

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The Ombudsman’s role and powers

3. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’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)

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How I considered this complaint

5. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Ms B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Housing benefit reviews

6. The Department for Work and Pensions (DWP) requires the Council to carry out full case reviews of housing benefit claims periodically as part of the Housing Benefit Award Accuracy initiative. The review is mandatory, and the Council is required to carry it out when requested. The cases are randomly selected for review.
7. DWP guidance says that where a council has already carried out a review within the previous 12 months the council has discretion to review a different case.

What happened

8. Mrs C was in receipt of housing benefit. On 4 May 2022 her claim was selected for review. The Council sent Mrs C a letter asking her to complete a short online review form within one month. Mrs C did not complete the form, so the Council suspended her claim on 6 June 2022. It wrote to her on 8 June 2022, giving her another month to complete the form.
9. Miss C did not complete the form, so the Council ended her claim on 13 July 2022 and sent a decision letter with a right of appeal.
10. On 16 October 2022 Ms B asked to become Mrs C’s appointee for her housing benefit claim and disputed the decision to end the claim. The Council agreed to Ms B becoming an appointee and confirmed it in writing on 22 November 2022. This means that the Council sent letters about housing benefit to Ms B rather than Mrs C.
11. The Council asked Ms B to provide more information and evidence about Mrs C’s claim for housing benefit. It then agreed to reinstate her housing benefit from 6 June 2022 and paid her landlord approximately £5,000 in December 2022. Ms B complained about the review and the request for information.
12. The Council responded to the complaint on 22 December 2022. It apologised for asking for the information in a series of separate requests and accepted it could have done this in one go by 3 November 2022. But it explained it had to carry out the review and had given Mrs C several opportunities to complete the review form.
13. It also advised Ms B and Mrs C to complete any future review forms within the time limit to avoid further suspensions or terminations of housing benefit.
14. On 1 August 2023 Mrs C’s claim was again selected for review and the Council sent a letter to Ms B on 21 August 2023 requesting she complete the online review form regarding Mrs C’s claim.
15. Ms B complained about the further review request and the Council responded on 11 September 2023. It explained the review was randomly selected and was mandatory for the Council to process. It said it had telephoned Mrs C on 7 and 8 September 2023 to assist with the review but had received no response. The Council also offered to help with Mrs C’s current rent arrears (around £900) through a discretionary housing payment and provided a link for her to apply
16. Ms B completed the form which the Council received on 21 September 2023. It confirmed the review was successful on 22 September 2023 and there were no interruptions to her housing benefit payments.
17. The Council has explained in its response to us that the first review was completed on 13 July 2022 when Mrs C’s benefit was terminated. Ms B did not contact the Council until October 2022 which led to Mrs C’s housing benefit being reinstated in December 2022 following a separate dispute process. So, the second review was requested more than 12 months after the first one concluded.

Analysis

18. I have not identified faut in the way the Council conducted the reviews requested by the DWP. On the first occasion it notified Mrs C and gave her another opportunity to complete the form before ending her claim. It correctly gave her a right of appeal against the decision to end the claim. When Ms B disputed the decision in October 2022, it requested more evidence and reinstated the claim within two months. The outstanding housing benefit was repaid to the landlord promptly.
19. The second review was requested just over 12 months after the first one ended, so it fell outside the period discretion the DWP gives to the Council to overlook claims which have been recently reviewed. I accept this caused Ms B some time and trouble to complete the review form, but I have not found fault with the Council’s actions as it was carrying out the DWP mandatory request. Mrs C was not affected by the review as her housing benefit did not stop.

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Final decision

20. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Ms B and Mrs C

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman