Summary: We will not investigate this complaint about the Council not awarding more housing benefit, or a Discretionary Housing Payment, in 2018. This is because it is a late complaint and the complainant could have appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council did not award more housing benefit or a Discretionary Housing Payment (DHP) in 2018 for a period when she was liable for rent on two properties.

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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)

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How I considered this complaint

6. I considered information provided by Mrs X and the Council. This includes benefit decision letters the Council issued in 2018. I considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

7. For a few weeks in 2018 Mrs X was liable for rent on two properties. She challenged her housing benefit award. The Council decided not to award more housing benefit and said she could appeal to the tribunal if she disagreed with the decision.
8. Mrs X applied for a DHP to help cover the rent. The Council decided in July 2018 not to award a DHP.
9. I will not investigate this complaint because Mrs X could have appealed to the tribunal if she disagreed with the Council’s decision not to award more housing benefit. It is reasonable to expect her to have appealed because the tribunal is the appropriate body to consider housing benefit disputes. In addition, the Council notified Mrs X of her appeal rights.
10. I also will not start an investigation because this is a late complaint. Mrs X has known since 2018 that the Council would not award more housing benefit or a DHP but she did not complain to us until August 2021. I have not seen any good reason to investigate a complaint which is three years old.

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Final decision

11. I will not start an investigation because Mrs X could have appealed to the tribunal and because this is a late complaint.

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Investigator's decision on behalf of the Ombudsman