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Ombudsman criticises councils over poor housing benefit practices


process housing benefit claims according to the Local Government Ombudsman. The Ombudsman upheld over three-quarters (78


C


per cent) of the complaints made to it last year about housing benefit processing problems, well above the average for the rest of its casework (58 per cent). Housing benefit was due to be phased out in


2017 following the introduction of Universal Credit (UC). But delays in implementing UC has meant its full roll-out across the country has been delayed until at least 2023 and some 3.6 million people on low incomes are still receiving housing benefit. The Ombudsman has released a report outlining


the common problems identified in the cases investigated. Supplemented with a number of case studies, the report highlights problems with some councils’ understanding of their duties towards claimants and the processes they must follow. As a result of mistakes made by council staff, it


found claimants were running up large debts, being asked to pay back overpayments made directly to landlords, denied reviews and appeals, and put through long periods of stress. Other issues uncovered included:


• A backlog of over 500 appeals against benefit decisions at one council, some dating back two years;


• A tenant being charged rent for a two bed home, instead of the one bed property they occupied; and


• Tenants being evicted while their appeals against a decision had yet to be concluded.


IMPACT ON THE VULNERABLE Nigel Ellis, Chief Executive at the Local Government and Social Care Ombudsman, said “The cases we highlight show the very real impact of what can happen when councils do not deliver housing benefit properly. Some of our most vulnerable families are refused a fair hearing by having their rights to appeal their council’s decision taken away. “Although Universal Credit is being rolled out


across the country, this is not happening as quickly as anticipated; councils still need to ensure they administer benefits properly until the new system is in place in their area. “We are issuing this report to provide guidance


and good practice advice to help those who administer housing benefits to avoid the pitfalls and common problems.” Responding to the report, Richard Watts Chair of the LGA’s Resources Board, said: “The Ombudsman


has rightly identified the importance of ensuring the best possible accuracy within the housing benefit system, and ensuring councils respond fairly and effectively when mistakes occur. The report highlights important learning for councils and government to take forward to improve fairness and accuracy within the benefits system. “The funding that councils receive to administer


housing benefit falls short of the true costs of administration. Councils have also faced considerable and ongoing pressures and uncertainty due to welfare reforms and changes to the timescales for implementing Universal Credit, which have stretched councils’ revenues and benefits services. “It is vital that Government recognises the


ongoing role of councils in administering housing benefit, and in supporting claimants provides appropriate, timely funding to councils to deliver this role. Doing so ensures that councils are able to provide the fairest, most accurate service that they can.”


ouncils are failing vulnerable people and families, putting them at risk of rent arrears and eviction through mistakes in how they


Pregnant homeless woman left to sleep on floor by London council


A pregnant woman, who approached Tower Hamlets council for help when she was made homeless, was left in an unfurnished flat, miles from her support network, the Local Government Ombudsman has found. The woman was left in the flat for three months


and did not even have a bed until she was awarded a grant a month into the tenancy. She eventually moved into private rented accommodation three months after approaching the council. The woman complained to the Ombudsman,


and during its investigation the council agreed to pay the woman a discretionary housing payment to cover the shortfall in her rent until January 2020, and to refund the deposit she paid for her private rental accommodation. In a damning report the Ombudsman criticises


the council for not doing enough to prevent the woman’s homelessness when it had a chance, as it delayed both assessing her and issuing her with a personalised housing plan. The council then failed to review the assessment


when her circumstances changed and delayed providing her with interim accommodation. It did not consider the suitability of the interim accommodation it provided in another London borough, or reconsider it when she asked it to due to the distance from her support network and maternity hospital. The investigation also found the council


also did not do enough to help the woman find accommodation, including delaying properly considering what financial support it could offer her, and making inquiries to consider


12 | HMM February/March 2020 | www.housingmmonline.co.uk


whether it owed her the full housing duty. Michael King, Local Government and Social


Care Ombudsman, said: “In this case the woman was left in unsuitable temporary accommodation for three months, causing her unnecessary distress and anxiety at a time when she was most vulnerable. “I welcome the efforts the council made during


our investigation to help the woman and hope its commitment to learn from its errors will help ensure other people are not affected in the same way in future. “We are issuing this report in part because it


highlights to other councils the duties they have under the new homelessness prevention laws, and the steps they can take to learn from the errors we have highlighted.” The Ombudsman recommended the council


apologise and pay the woman £1,000 to recognise the time she spent living in unsuitable accommodation. The council has agreed to consider its service resources and changes it needs to make to work in line with the law.


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