Summary: We will not investigate this complaint about housing benefit payments because there is no evidence of fault and part of the complaint is out of time (but remedied). There is also a right of appeal against housing benefit decisions to a tribunal

The complaint

1. Ms X says that her landlord imposed rent increases over three years but her housing benefit was never increased as a result.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. 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)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Ms X says that she emailed the Council each year from 2021 onwards to notify them of rent increases but her housing benefit was not increased.
10. The Council says that they found an email from her in 2021 of a rent increase but it had been sent to the wrong department. They have now increased the housing benefit accordingly.
11. The Council says that no emails were received for the years 2022 and 2023 and so, as a result, no housing benefit increase was made.
12. The Ombudsman would not investigate a complaint about her email of 2021 as the matter is out of time. However, the matter has now been settled for that year.
13. The Council says that no emails were received for the following two years. In the absence of any evidence to the contrary, the Ombudsman would be unable to confirm that Ms X notified the Council and so there is no evidence of fault. Nevertheless, Ms X can appeal to a tribunal any Council housing benefit decision. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.

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Investigator's decision on behalf of the Ombudsman