Summary: We will not investigate this complaint about how the Council dealt with a housing benefit issue. Ms C has appealed to a tribunal about the central matter, and an investigation would not lead to a different outcome on related action. We also cannot investigate part of the complaint where the Council is acting as a landlord. The complaint is also late and there are no good reasons to exercise discretion and investigate.

The complaint

1. Ms C says the Council:

• Took two years to tell her she had been overpaid housing benefit between 2014 and 2016.
• Failed to respond to correspondence and refused requests for meetings; and
• Failed to issue the rent statement several times.

2. Ms C also says the lack of service and the way the Council treated her from 2016 has had a negative effect on her mental wellbeing.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
6. 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. (Local Government Act 1974, sections 26B and 34D, as amended)
7. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A (6))

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How I considered this complaint

8. I considered information provided by Ms C and the Council.
9. I considered the Ombudsman’s Assessment Code.
10. The complainant had an opportunity to comment on my draft decision. I have considered their comments before making a final decision.

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My assessment

11. Ms C says the way the Council treated her when she was querying the overpayment caused her a lot of stress and led to a breakdown.
12. Ms C took the overpayment matter to the tribunal. It ruled the complaint was out of time as she did not meet the threshold for it to make an exception. However, it was sympathetic and said if the case was in its jurisdiction, then it would direct the Council to cancel the demand for the overpayment.
13. The Council acted on the recommendations made by the tribunal judge and has cancelled the overpayment. Therefore, the result is the same as if the Tribunal quashed the overpayment. We cannot provide an additional remedy when someone has achieved one through a tribunal.
14. Ms C says her main complaint is about the lack of service connected to this issue from the Council from 2016 to date and the negative effect on her mental health and financial wellbeing. It appears Ms C was trying to pursue the matter with the Council by other means than using her right of appeal. That is not, however something we can separate from the central matter leading to her complaint, the housing benefit overpayment. It is not a good use of public resources to investigate a complaint surrounding an issue out of our jurisdiction, and the courts have confirmed we cannot do so.
15. This complaint is also late as it concerns matters arising since 2016. Ms C could have complained to us before this. There are no good reasons to investigate it now.
16. We cannot investigate the complaint about the failure to issue rent statements. This is because we have no power to investigate the Council when it is acting as a landlord.

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Final decision

17. We will not investigate Ms C’s complaint because Ms C has appealed to a tribunal about the central matter and an investigation would not lead to a different outcome. We cannot separate Council action relating to the central issue, nor can we investigate a complaint where the Council is acting as a landlord. The complaint is also late and there are no good reasons to investigate it now.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman