Summary: We will not investigate this complaint about the Council’s alleged failure to reinstate Miss X’s housing benefit. This is because the complaint concerns matters that took place more than 12 months ago and it would have been reasonable for her to have brought them to our attention at the time.

The complaint

1. Miss X complained the Council should have reinstated her housing benefit in 2019 when she successfully appealed the decision to withdraw her Personal Independence Payments (PIP) entitlement.
2. Miss X complained she has suffered financial loss due to the Council’s actions.

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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)

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How I considered this complaint

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

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My assessment

6. Miss X was originally in receipt of PIP, which entitled her to housing benefit until 2019 when her benefits were stopped. Miss X appealed the decision, and her PIP was reinstated in April 2020. Miss X says she told the Council about this at the time, but the Council failed to reinstate her housing benefit.
7. In August 2021 Miss X approached the Council regarding her housing benefit entitlement but the Council was no longer dealing with new housing benefit applications as this was now under the remit of the department of work and pensions. The Council has since informed Miss X that it does not hold evidence of Miss X informing it that her PIP had been reinstated or appealing the housing benefit decision in 2019.
8. Miss X is unhappy with the Council’s actions and wants us to find it at fault. The evidence shows Miss X was aware of the events complained about for over three years. It would have been reasonable for Miss X to have referred these matters to us at the time and I can see no good reason why she did not. The Ombudsman will not exercise discretion to investigate this matter as there is no good reason to investigate matters that took place this long ago.

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Final decision

9. We will not investigate Miss X’s complaint because the complaint concerns matters that took place more than 12 months ago and it would have been reasonable for her to have brought them to our attention at the time.

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Investigator's decision on behalf of the Ombudsman