Summary: We will not investigate this complaint about the Council’s alleged failure to properly calculate Ms X’s housing benefit. This is because it concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate matters that took place this long ago. Further, Ms X has right of appeal to the Tribunal and it would be reasonable for her to use it.

The complaint

1. Ms X complained the Council failed to properly calculate her housing benefit for over 11 years.
2. She said this has caused her to accrue a debt and caused her stress.

Back to top

The Ombudsman’s role and powers

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)
4. 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)

Back to top

How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms X complained that the Council miscalculated her entitlement to housing benefit in 2012.
8. She complained to the Council and explained that Ms X did not provide necessary information for the Council to properly work out her housing benefit and she did not appeal the Council’s decision. The Council informed Ms X she could lodge a late appeal with the Tribunal Services but would need to explain why she had waited so long to appeal.
9. The Ombudsman will not usually investigate events that took place over 12 months earlier if there is no good reason to do so. Ms X has been aware of this situation for several years. It would have been reasonable for her to bring this matter to our attention much sooner. Further, Ms X has an unused right of appeal to the Tribunal if she remains unhappy with the Council’s calculation of her housing benefit. It is open to her to use this right of appeal.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because it concerns events that took place more than 12 years ago and there is no good reason to exercise discretion to investigate matters that took place this long ago. Further, Ms X has right of appeal to the Tribunal and it would be reasonable for her to use it.

Back to top

Investigator's decision on behalf of the Ombudsman