Summary: We will not investigate this late complaint about Mr X’s housing benefit. There is not a good reason for the delay in him bringing his complaint to the Ombudsman.

The complaint

1. Mr X complained about how the Council calculated his housing benefit. He says its mistakes led to financial injustice, stress and anxiety. He wants the Council to reduce the balance it considers due from overpayments.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council wrote to Mr X about housing benefit overpayments arising from recalculations at several stages. Mr X provided us with documents dated from 2016 to 2018. He has supplied evidence relating to his health from this period and says he could not use his right of appeal to HM Courts and Tribunals Service.
7. The law says complaints should be brought to us within 12 months of the person becoming aware of the matter, unless there are good reasons. Mr X provided us evidence that he was suffering from ill health between 2017 and 2019. He brought his complaint to us in March 2023. There is not a good reason for the significant further delay.

Back to top

Investigator's decision on behalf of the Ombudsman