Summary: We will not investigate this complaint about the Council’s response to Mr X’s housing benefit appeal. This is because it relates to events that took place over 12 months ago and it would have been reasonable for Mr X to refer this matter to us at the time.

The complaint

1. Mr X complained that the Council failed to respond to his appeal regarding housing benefit in April 2020.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X complained to the Council regarding a housing benefit overpayment his landlord received. He appealed the Council’s decision to issue this overpayment to his landlord in March 2020.
6. Mr X says the Council did not respond to his appeal and wants us to find the Council at fault.
7. The evidence shows the last contact Mr X had with the Council regarding this matter was in April 2020, meaning it has been significantly more than 12 months since the events complained of took place. The Ombudsman will not usually exercise discretion to investigate events that took place this long ago unless there are good reasons to do so. In this instance, I consider it would have been reasonable for Mr X to have brought this matter to us at the time. I can see no good reason to exercise discretion to investigate them now.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because it relates to events that took place more than 12 months ago and it would have been reasonable for Mr X to refer this matter to us at the time.

Back to top

Investigator's decision on behalf of the Ombudsman