Luton Borough Council (22 014 751)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 03 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an overpayment of housing benefit because the complaint is late.
The complaint
- Mr X complained the Council sent correspondence to the wrong address in relation to a hearing at the Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) about an overpayment of housing benefit.
- Mr X said that as a result he was unable to defend his case or appeal the Tribunal’s decision.
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
- I will not investigate Mr X’s complaint. The Tribunal hearing was held in 2012 and Mr X has been aware of the events forming this complaint since at least 2014. Therefore, I can see no good reason to exercise our discretion and investigate now.
Final decision
- We will not investigate ’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman