Summary: We will not exercise discretion to investigate this complaint about the Council’s recovery of historic debts for council tax, housing benefit overpayments and rent arrears. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

The complaint

1. Miss X complained about the Council’s decision to continue recovery of debts which she incurred before the Covid-19 pandemic period. She says it has refused her offer of a monthly payment and that the debt has not been apportioned to the different council services to whom she owes arrears. She says the Council should write off the debt.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

7. I considered the information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Miss X says the Council has recommenced recovery action against her for several debts which she says were removed during the Covid-19 pandemic. She says rent arrears of £3,193 were removed from her account and that she is concerned they may be re-instated and she may be evicted. She offered to pay the Council £70 per month off all the debts which were consolidated into a single debt by the Council in order for her to repay more easily.
10. The Council refused the offer to pay because Miss X had not informed it of her income and means of maintaining a regular payment. It asked her to complete an assessment form of her finances which she has not submitted. The Council says she owes £10,331.77 which represents council tax arrears and housing benefit overpayments going back to 2012 onwards. The debts were consolidated for her convenience but they were not written off and the Council says they were subject to court liability proceedings before the 2020 pandemic.
11. In addition, Miss X owes a further £1,873.23 in unpaid council tax for the past two financial years which is also subject to recovery action through enforcement agents.
12. Miss X has owed the debts for more than 12 months and she had an opportunity to appeal against the overpayments and council tax demands when they were incurred up to a decade ago. We will not investigate these matters which she was aware of more than 12 months before complaining to us. I have seen no evidence to suggest that she could not have complained to us sooner. However, had she done so we have no jurisdiction not investigate complaints about rent arrears or their recovery.

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Final decision

13. We will not exercise discretion to investigate this complaint about the Council’s recovery of historic debts for council tax, housing benefit overpayments and rent arrears. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman