Summary: We will not investigate this complaint about a housing benefit matter. This is because Mrs X has appealed. We will not investigate Ms X’s other complaints because one is late, and the Council has not had an opportunity to consider the other.

The complaint

1. Mrs X complains the Council
• has not paid her housing benefit which she is entitled to.
• sent her a letter regarding her behaviour which was incorrect
• failed to assist her to access housing grants.
2. Mrs X says she is struggling financially. She would like the Council to pay her housing benefit, withdraw the letter about her behaviour and apologise.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended).
4. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal).
5. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended).
6. 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 there is not enough evidence of fault to justify investigating, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
7. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).

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How I considered this complaint

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

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My assessment

9. The Council decided in 2020 Mrs X was not entitled to housing benefit and it had overpaid her. Mrs X appealed to the Tribunal (Social Entitlement Chamber). She withdrew her appeal in 2021. However, in 2025 she applied to reinstate her appeal. The Tribunal dismissed her application.
10. We cannot investigate Mrs X’s complaint about the Council’s housing benefit decision as explained in paragraph 3. This applies even if an applicant has withdrawn their appeal.
11. The Council wrote to Mrs X in 2023 in response to a subject access request she had made. The Council said her request was excessive, unreasonable and malicious in intent.
12. We will not investigate Mrs X’s complaint about the Council’s letter being incorrect. This is because her complaint is late as it relates to a matter she was aware of more than 12 months ago. There are no good reasons for the delay in coming to the Ombudsman. Even if we were to exercise our discretion to consider a late complaint, there is insufficient evidence of fault by the Council to warrant an investigation.
13. Mrs X complains the Council did not assist her with housing grants. However, the Council has not received a complaint from Mrs X. As the Council has not had an opportunity to investigate and respond to the complaint, Mrs X may contact it, and she can pursue a complaint through its procedures.

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Final decision

14. We will not investigate Mrs X’s complaint because she has appealed. Part of her complaint is late, and the Council has not had the opportunity to consider the other part of Mrs X’s complaint.

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Investigator's decision on behalf of the Ombudsman