Summary: The Ombudsman will not investigate Miss B’s complaint that the Council failed to support her with her application for housing benefit in 2015 and failed to backdate the benefit. This is because we could not now investigate her complaint effectively and it was reasonable to expect her to use her right of appeal to the First Tier Tribunal.

The complaint

1. The complainant, Miss B, complained that the Council failed to support her with her application for housing benefit and failed to backdate the benefit. Miss B told us she then lost her accommodation because of her rent arrears, she has suffered ongoing stress and her health has been affected.

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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)

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How I considered this complaint

6. I have considered the information Miss B provided and given her an opportunity to comment on my draft decision.

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What I found

7. Miss B told us in 2015 she moved into temporary accommodation which was unsuitable. She said this affected her mental health and she struggled to cope with her prescribed medication. Shortly after that she told us she lost her accommodation because of her rent arrears. She said she told her housing officer about her mental health but she did not get the support she needed for her housing benefit application. Miss B told us the Council refused to backdate her housing benefit for the period she was in the property and entitled to the benefit. She said she has been trying to dispute the decision for years. Miss B told us the Council is now demanding payment of around £4700 for rent arrears which arose during a period when she was unwell.
8. Miss B is complaining about what happened five years ago. She has told us about her illness but we could not now investigate her complaint effectively after such a long lapse of time. The Ombudsman has no role in making decisions on housing benefit claims. The law provides a specific method for people to challenge council decisions on their housing benefit entitlement. They have a right of appeal to the independent First Tier Tribunal. It was reasonable to expect Miss B to use her right of appeal, seeking help if necessary, because the First Tier Tribunal had the powers and expertise to decide the matter.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because we could not now investigate the complaint effectively and it was reasonable to expect Miss B to use her right of appeal to the First Tier Tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman