Summary: Mr X complains about the Council’s handling of matters related to his benefit claim between 2013 and 2018. We will not investigate the complaint because it falls outside our jurisdiction due to the passage of time and because Mr X had appeal rights to statutory tribunals which we would reasonably have expected him to have used.

The complaint

1. The complainant, who I refer to as Mr X, complains about the way the Council has dealt with his complaint concerning his housing benefit and council tax support claims between 2013 and 2018. He says its errors have caused him great distress and placed a burden on his household and that the issue of his overpayment should be resolved.

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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)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

7. In considering the complaint I reviewed the information provided by Mr X and the Council. I gave Mr X the opportunity to comment on my draft decision.

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What I found

8. In 2021 Mr X contacted the Council to complain about how it had dealt with his claim for council tax support and about how a benefit overpayment from the period between 2013 to 2018 occurred.
9. In response, the Council noted that throughout that period it had sent Mr X several notification letters informing him of how his entitlements had been worked out which had not included his partner’s income. As Mr X’s partner had been working, and her income had not been included in the calculations, an overpayment had arisen for which Mr X was liable.
10. The Council told Mr X it had made its submission to the Valuation Tribunal in connection with Mr X’s appeal to that body about his council tax support. However, it said as it had been informed he had now withdrawn his appeal, the recovery of the outstanding council tax would start.
11. Dissatisfied with the Council’s handling of matters, Mr X complained to us.

Assessment

12. The Ombudsman’s powers to investigate complaints are subject to certain restrictions and the two highlighted at paragraphs 3 and 4 apply to Mr X’s complaint.
13. Mr X’s complaint falls outside our jurisdiction and will not be investigated because if he had disagreed with the Council’s decisions in relation to his council tax support entitlement or the creation of a benefit overpayment, he could have appealed against them to the statutory tribunals called the Social Security Appeal Tribunal and the Valuation Tribunal. As he had these appeal rights which we would reasonably have expected him to have use, the complaint falls outside our jurisdiction and will not be investigated.
14. In addition, because the matters about which Mr X complains relate to events which happened between 2013 and 2018, his complaint is a late complaint and will not be investigated now.

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Final decision

15. We will not investigate this complaint. This is because it falls outside our jurisdiction due to the passage of time and because Mr X had appeal rights to statutory tribunals which we would reasonably have expected him to have used.

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Investigator's decision on behalf of the Ombudsman