The complaint

2. Miss X complains the Council unfairly reduced her Housing Benefit allowance for under-occupancy since 2011. She believes it should have told her about a right to an exemption from this reduction because her second bedroom is needed for an overnight carer. Miss X only became aware of this when she switched to Universal Credit in 2025 and received full housing costs, including her additional bedroom. Although the Council agreed to backdate her claim to April 2024, she remains unhappy and wants the Council to backdate the exemption to 2011 and reimburse the Housing Benefit she missed over this period.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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)

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How I considered this complaint

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

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My assessment

7. Miss X applied for Housing Benefit in November 2016. The Council assessed her claim and awarded the maximum amount based on her income and circumstances at the time. The Council applied a 14% reduction for under-occupancy to account for an additional bedroom.
8. In February 2025, Miss X transferred from Housing Benefit to Universal Credit. After noticing her Universal Credit included an allowance for an extra bedroom for an overnight carer due to her health needs, she contacted the Council to ask why her Housing Benefit had never included this.
9. The Council responded that Miss X had never informed it she needed the room for an overnight carer and explained it could not backdate her Housing Benefit.
10. Miss X submitted an appeal in March 2025. The Council’s Adjudication Team reviewed her case and agreed to amend her Housing Benefit award to include the extra bedroom from 1 April 2024. The Council explained this was the maximum backdate allowed under the regulations.
11. Miss X remains dissatisfied and wants the Council to backdate her claim to when she moved into the property in 2011. An independent tribunal can consider appeals about Housing Benefit decisions.
12. We will not investigate Miss X’s complaint about the Council’s refusal to backdate her Housing Benefit beyond 13 months, as we cannot achieve the outcome she wants, and a tribunal is better placed to consider her case.

Final Decision

13. We will not investigate Miss X’s complaint about the Council because we cannot achieve the outcome she wants. Another body is better placed to consider her case.

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Investigator's decision on behalf of the Ombudsman