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

  1. Mr X complains the Council failed to deal with his housing benefit claim properly meaning he was evicted from his rented accommodation.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. 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.
  2. 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.

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Final decision

  1. We will not investigate Mr X’s complaint because it is a late complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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