Summary: We will not investigate Ms X’s complaint that the Council failed to deal properly with her housing benefit claim and homelessness in 2018. Ms X complains late and outside the permitted period of 12 months. She could reasonably have used her right of appeal, to the social security tribunal, against the Council’s benefit decisions.

The complaint

1. Ms X complains the Council reduced her housing benefit in 2018 from £243 to £119 per fortnight. She says this was not justified and that she was evicted. Ms X says in view of her personal circumstances she was treated badly. She feels the problems arose due to one officer.
2. Ms X complains the Council offered her family inappropriate homeless accommodation. She says she had to fight to get back to the area where she wanted to live.

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The Ombudsman’s role and powers

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 Ms X’s information and comments. The Council has supplied the complaint correspondence from 2018/19.

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What I found

7. The Council replied to Ms X’s complaints on 5 December 2018 (including information about this office) and 7 February 2019 (advising she could complain to this office).
8. The Council says in August 2018 it told Ms X that a spouse’s benefit, paid in respect of her late husband, was assessable. The Council says there was an overpayment of benefit from August 2016. The decisions on spouse’s benefit and recovery of the overpayment reduced Ms X’s benefit. The Council also says in 2018 it refused two requests for discretionary housing payment. It considered Ms X could cover the shortfall between her rent and housing benefit.
9. The Council’s February 2019 letter explains temporary accommodation was offered in October 2018 at a travel lodge before Ms X moved to a temporary flat. The Council decided it should cover the cost of three nights in a hotel and offered Ms X a refund. The Council explained why Ms X had not been allocated one particular property.
10. Ms X first complained to the Ombudsman in August 2018. We advised her to complain to the Council and closed the complaint. On 16 February 2021 Ms X returned to this office.

Analysis

11. I will not investigate Ms X’s complaints because they are outside the Ombudsman’s jurisdiction for the following reasons:
12. Ms X complains late and outside the permitted period of 12 months (see paragraph 3 above). This covers the Council’s review of her benefit position, the handling of her homelessness position and related housing offers, and the reply to her complaints in 2018 and early 2019.
13. I will not exercise discretion to investigate Ms X’s complaint because she should have returned to this officer sooner. The Council’s final complaint reply advised her she could do so. Furthermore, parts of her complaint are outside our jurisdiction for other reasons.
14. The housing benefit decisions to reduce benefit and recover an overpayment are outside jurisdiction because Ms X had a right of appeal to the benefit tribunal (see paragraphs 4 and 5). It was reasonable for Ms X use her right of appeal if she wanted to challenge the benefit decisions. I understand she had legal advice in relation to her housing position.

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Final decision

15. The Ombudsman will not investigate Ms X’s complaint the Council failed to deal properly with her housing benefit claim and homelessness in 2018. Ms X complains late, outside the permitted period of 12 months. She could reasonably have used her right of appeal, to the social security tribunal, against the Council’s benefit decisions.

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Investigator's decision on behalf of the Ombudsman