Westminster City Council (21 008 884)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 15 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with his housing benefit claim. This is because the issue dates back to 2018 and so this is a late complaint.
The complaint
- Mr X complains the Council failed to deal with his housing benefit claim properly meaning he was evicted from his rented accommodation.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council responded to Mr X about his housing benefit claim in 2018. He has not raised this with the Ombudsman until July 2021. Therefore, this is a late complaint.
- We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mr X to have complained to us sooner.
Final decision
- We will not investigate Mr X’s complaint because it is a late complaint.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman