Summary: The Ombudsman will not investigate this complaint about benefit applications the complainant’s wife made in 2015 and 2016. This is because it is a late complaint and because his partner could have appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council wrongly refused his partner’s application for housing benefit and council tax support in 2015. Mr X says the Council discriminated against them on the grounds of race.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

7. I read the complaint and the benefit decision letters from 2015 and 2016. I invited Mr X to comment on a draft of this decision.

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What I found

Housing benefit decisions

8. If someone disagrees with a housing benefit decision they can ask for a review or appeal to the tribunal. If they have a review, and are unhappy with the decision, they can then appeal to the tribunal. The law says people should appeal within one month of the date of the decision they think is wrong. If they disagree with a CTS decision they can appeal to the Valuation Tribunal.
9. When people apply for benefit they must provide all the information the Council asks for.

What happened

10. Mr X’s partner (Ms Y) applied for benefit in September 2015. The Council rejected the application because Ms Y had not provided a National Insurance number, information about her income and bank statements. The Council explained her appeal rights. Ms Y asked for a review but the Council confirmed the decision in November 2015. The Council said she had until 21 December 2015 to appeal to the tribunal. Ms Y did not appeal.
11. Ms Y applied for housing benefit and CTS in March 2016. The Council rejected the application because she had not proved her identity. The Council asked her to provide her passport and information about her rent. The Council again explained her appeal rights. Ms X did not appeal or provide the information the Council had asked for. The Council says it has not heard from Mr X or Ms Y since 2016.
12. Mr X says his wife was entitled to benefit because she had refugee status. When they moved the new council awarded benefit. Mr X says Barking and Dagenham Council discriminated against them on the grounds of race. The Council is pursuing him for council tax arrears for the period when he did not receive benefit. Mr X wants the Council to remove the arrears and pay the benefit Ms Y claimed in 2015 and 2016.

Assessment

13. I will not start an investigation for the following reasons.
14. This is a late complaint. The Council made its benefit decisions in 2015 and 2016 but Mr X did not complain to the Ombudsman until August 2019. I have not seen any good reason to investigate such a late complaint.
15. Ms Y could have appealed to the tribunal if she disagreed with the benefit decisions. It is reasonable to expect her to have appealed because the tribunal is the appropriate body to consider disputes about benefit decisions. In addition, the Council clearly explained her appeal rights.

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Final decision

16. I will not start an investigation because this is a late complaint and because Ms Y could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman