Summary: Ms X complained about the Council evicting her in 2019 for rent arrears which she says were due to problems with her housing benefit assessment. The Ombudsman cannot investigate this complaint. This is because we have no jurisdiction to investigate complaints about social housing landlords. We will not exercise discretion to consider the award of housing benefit after her eviction because she complained outside the normal 12-month period for receiving complaints.

The complaint

1. The complainant, whom I shall call Ms X, complained about the Council evicting her from her Council home in 2019 for rent arrears. She says the arrears were due to her being subject to a non-dependent charge for her son which was later removed following the eviction. She says the court should have been made aware of the implications of her benefit claim. She also says her previous award of discretionary housing payment was discontinued when she refused to move to smaller accommodation.

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The Ombudsman’s role and powers

2. 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)
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 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)

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How I considered this complaint

5. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response. Ms X has commented on a draft copy of my decision.

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What I found

6. Ms X was evicted from her Council home of 37 years in January 2019 for rent arrears. The Council applied for a possession order in 2018 because she had arrears of over £2,000. Ms X had previously received housing benefit and discretionary housing payments. However, in 2018 the Council applied a non-dependent charge for her son who was a resident on her claim and over 18 in 2017.
7. Ms X told the Council that her son would be moving out, but she did not inform the Council when and so her benefit claim was ineligible due to the charge and a deduction for having an additional bedroom. The Council went to the court in 2018 and was granted a suspended possession order with a minimum regular payment required from Ms X.
8. The Council landlord offered Ms X a smaller property to avoid the under-occupancy charge, but she did not accept it. Due to her being behind with the agreed minimum payments the Council went back to the court and obtained a warrant for eviction which was executed in January 2019. In February 2019 Ms X received a benefit credit of £1,787 after giving information about when her son left home.
9. The Council says this did not alter the eviction action because she had a shortfall on her benefit due to the under-occupancy deduction. Ms X complained to the Council in February 2019 and it dismissed her complaint at Stage 2 of the complaints procedure. She complained to the Ombudsman in July 2020.
10. The Ombudsman will not exercise discretion to investigate Ms X’s complaints about her benefits assessment because the complaint was received outside the normal 12-month period for accepting complaints. We cannot investigate the eviction action or under-occupation charge because these matters are outside our jurisdiction and have already been subject to court proceedings.

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Final decision

11. The Ombudsman cannot investigate this complaint. This is because we have no jurisdiction to investigate complaints about social housing landlords. We will not exercise discretion to consider the award of housing benefit after her eviction because she complained outside the normal 12-month period for receiving complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman