Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing benefit application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s assessment of his housing benefit claim and that it sent letters which contained misleading information which led him to have problems with his rent payments.

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 the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says he applied for housing benefit in 2023. The Council sent him notifications in June and July 2023 which said in an initial paragraph ‘You have been granted 13-week protection on your Housing benefit.’ Mr X took this to confirm that he was entitled to housing benefit but the calculation page of the letters only showed the council tax support amount. It also stated that he was in receipt of the Universal Credit housing cost element of £1150.
6. In response to a query which he raised the Council told Mr X in October 2023 that he was not entitled to housing benefit and that the standard paragraph about the 13-week protection should have been removed from his letter because he was only entitled to council tax support from the Council. The Universal credit allowance is paid by the department for Work and Pensions. Mr X complained and said he should have been given the 13-week payment as he was led to believe.
7. Mr X complained to us in December 2024 which is outside the 12-month period for receiving complaints. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
8. We have some discretion not consider older complaints but in this case even had a complaint been made within 12 months we would have advised Mr X to appeal the decision to the independent benefits tribunal. The Council’s decision letters from 2023 contained details about his right of appeal.

Back to top

Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing benefit application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman