Summary: We will not investigate this complaint about the Council’s alleged failure to properly advise Mr X regarding housing benefit. This is because the events complained about took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

The complaint

1. Mr X complained the Council did not properly advise him regarding his housing benefit in March 2018.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains that in March 2018 the Council failed to reinstate his housing benefit following a successful appeal and instead improperly advised him to claim universal credit. Mr X said the Council’s actions caused him financial loss.
7. The Ombudsman will not usually exercise discretion to investigate complaints that took place more than 12 months prior to the date the complainant brought the case to our attention. In this case, the events Mr X has complained about took place more than five years ago. It would have been reasonable for Mr X to refer the matter to us at the time. There is no good reason to exercise discretion to investigate these events now.

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Final decision

8. We will not investigate Mr X’s complaint because the events complained about took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

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Investigator's decision on behalf of the Ombudsman