Summary: We will not investigate this complaint about a housing benefit overpayment and the Council’s advice regarding claiming council tax support. This is because there is insufficient injustice regarding the overpayment. The council tax support complaint is late and there are no good reasons for this.

The complaint

1. Mr X complained the Council incorrectly described a housing benefit overpayment as a service charge, and then as a shortfall. He says this caused distress and confusion.
2. Mr X also complains the Council failed to advise him to claim a council tax reduction when he moved out of its area in 2021. This has left him with significant council tax arrears which are causing him anxiety.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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 the council has done. (Local Government Act 1974, sections 26B and 34D, as amended).

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained in June 2025 that the Council described deductions from his housing benefit as a service charge when it was for an overpayment from 2008.
7. The Council responded it had described the deductions in 2025 as a service charge in error. It confirmed the deductions were for an overpayment from 2008. It apologised for the error and the anxiety this caused.
8. We will not investigate this complaint because there is not enough remaining injustice to justify our involvement. When Mr X queried the deduction, the Council provided the correct information within a short time, and apologised for its error. This is a suitable action for the injustice caused.
9. Mr X says the Council should have advised him to claim council tax support from another Council when moved out of its area in 2021. He has recently received a very high council tax bill. He says his support worker notified the Council of his change in circumstances but the Council did not tell him it had cancelled its council tax support claim or that he should claim from his new Council.
10. We will not investigate this complaint because it is late. Mr X moved in 2021 and it was reasonable to expect him to contact his new Council about council tax and council tax support if he had not received bills or notification letters. Mr X could have raised a complaint within 12 months of his move. There are no good reasons why his complaint is late.

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Final decision

11. We will not investigate Mr X’s housing benefit complaint because there is insufficient remaining injustice for an investigation. The council tax support complaint is late and there are no good reasons for this.

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Investigator's decision on behalf of the Ombudsman