Midlothian Council told to apologise after taking money from tenant's benefits to pay arrears

Midlothian council has been ordered to apologise after taking money directly from a tenant’s benefits to pay off rent arrears.

A complaint was submitted against the council by a person who alleged that a social worker, acting on behalf of the local authority, failed to apply for state benefits on their behalf in a timely manner.

They said that the failure lead to a loss in income that left them unable to pay rent and council tax.

The service user said that the build up in arrears lead to the council taking money directly from their state benefits to pay off the debt.

They added that the council had failed to communicate this decision with them or investigate the complaints made.

The Scottish Public Services Ombudsman (SPSO) opened an investigation and upheld some of the claims made.

The watchdog found that the council had “unreasonably” taken money from the service user’s state benefits for council tax and rent arrears caused by these delays.

They also found that there was a delay by the council in submitting an appointee application form on behalf of the service user which resulted in a loss of income.

The SPSO said that the council had in fact communicated with the person but did not investigate and respond to their complaint “adequately”.

The watchdog ordered the council to apologise as well as reimburse the person for the money they lost out on.

A Midlothian Council spokesman said: “We are very sorry for the distress caused to A.

“We have fully complied with the SPSO recommendations including reimbursing A for the loss of benefits.

“Arrangements are in place to try and ensure this does not happen again when the council is applying for benefits on behalf of an individual.”