• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found

The Ombudsman's final decision:

Summary: Mrs X complains on behalf of her son that the Council unreasonably suspended, then ended his entitlement to housing benefit. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal and the matter is out of time.

The complaint

1. Mrs X complains on behalf of her son that the Council unreasonably suspended, the ended his entitlement to housing benefit.

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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 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)
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)

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How I considered this complaint

5. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

6. Mrs X says that her son lost entitlement to Employment Support Allowance in November 2016 and his housing benefit was suspended as a result. The Council wrote to her son that day explaining the decision and asking for details of his income.
7. Mrs X says that her son is autistic and did not appreciate the need to reply. The Council cancelled his entitlement to housing benefit in February 2017.
8. Mrs X telephoned the Council in April 2017 to query this decision but the Council says it did not have consent to discuss the matter with her. Mrs X visited the Council in August with her son and she was advised to submit a housing benefit claim (which was received in September 2017). The Council granted housing benefit but did not backdate the award. Mrs X asked for a review in November 2017 but the Council decided not to do so and wrote to Mrs X to confirm this in February 2018 and of her right of appeal.
9. Although Mrs X says the Council delayed dealing with her complaint, I am satisfied that a complaint about this matter could have been made within 12 months of the Council’s decision not to backdate the award. Further, there was a right of appeal to a tribunal against the decision not to backdate (and the original decision to cancel the housing benefit) which it would have been reasonable to exercise.

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Investigator's decision on behalf of the Ombudsman

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