Summary: The Ombudsman will not investigate Mr X’s complaint about a disputed housing benefit payment and the Council’s alleged failure to return a deposit and pay for damage caused by Mr X’s tenant. Mr X has known about these issues since early 2018. His complaint is therefore made late and there are not good reasons for us to investigate now. We have also considered some of these matters before and will not do so again.

The complaint

1. Mr X complains the Council failed to pay housing benefit to him for his tenanted property. Mr X also complains the Council failed to return a deposit it held for the tenant or pay for damage caused by the tenant, who was placed in his property by the Council.

Back to top

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)

Back to top

How I considered this complaint

3. I have considered what Mr X said in his complaint and sent him my draft findings on it for his comment.

Back to top

What I found

4. Mr X complains the Council failed to pay housing benefit to him, for his tenanted property, during a period in late 2017/early 2018. Mr X also says the tenant, who was placed in his property by the Council, caused significant damage at the property. Mr X complains the Council has failed to pay for this damage or to give him the deposit it held for the tenant.
5. Mr X incurred costs of over £3000 which he holds the Council responsible for.
6. We previously dealt with a complaint from Mr X about the damage and deposit issues. We advised Mr X we would not investigate as he had a remedy though the courts.
7. Mr X was in touch with the Council about these issues in early 2018. Mr X says he did not complain to us sooner as he tried to liaise with the Council for many months and was passed from pillar to post. Mr X complained to us in September 2020.

Analysis

8. Mr X has not provided evidence to show he has continually pursued the housing benefit issue with the Council since 2018. Indeed, from the information Mr X has provided the last contact with the Council appears to have been in mid-2018. I do not consider Mr X has provided good reason as to why he did not come to us sooner or that therefore we should investigate this late complaint.
9. We have previously decided Mr X’s complaints about damage and the deposit and we will not therefore consider those complaints again.

Back to top

Final decision

10. My decision is that we will not investigate this complaint. This is because the complaint is made late and there are not good reasons for us to investigate now.

Back to top

Investigator's decision on behalf of the Ombudsman