Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the Council pursuing her as a landlord for housing benefit overpayments which she has been disputing for over six years. She says the Council should stop recovering debts from such a long time ago which she has never agreed are legitimate.

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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)
3. 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)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says the Council has pursued her to recover housing benefit payments made directly to her as a landlord over six years ago. She says she has disputed the overpayments and that the Council has failed to properly explain why she should repay them.
8. She made a formal complaint in 2019 but did not pursue the matter further until now. In 2019 she complained that the Council had been involved in extensive correspondence at the time the overpayments were sent to her from 2012 to 2014 and it should not continue to pursue them.
9. We will not exercise discretion to consider Mrs X’s complaint now. She has been aware of the overpayments for over six years and made a formal complaint as long as 2 years ago.
10. It would have been reasonable for her to appeal against the overpayment decisions to the independent First Tier Tribunal had she complained to us at the time they were issued.

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Final decision

11. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman