Summary: We will not investigate this complaint about the Council’s refusal to implement a Benefits Tribunal decision. This is because the complaint is late and there are no good reasons to exercise our discretion to investigate.

The complaint

1. Mr Y complains the Council has failed to pay housing benefit at the rate ordered by the Tribunal. Mr Y says this has caused him financial distress and has affected his mental health.
2. He wants the Council to fulfil the Tribunal decision without the need to provide further information.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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))

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How I considered this complaint

6. I considered information provided by Mr Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr Y complains the Council has failed to carry out the Benefit Tribunal’s decision of October 2024 about his housing benefit.
9. Mr Y followed this up with the Council in December 2024. The Council responded in January 2025 to say it would not reconsider his housing benefit award. This is the date Mr Y would have been aware the Council has not fulfilled the Tribunal’s decision.
10. We cannot normally investigate complaints made more than 12 months after the person became aware of the matter unless we decide there are good reasons to do so. Mr Y complained to us in February 2026. This was 13 months after Mr Y became aware of the Council’s refusal to carry out the Tribunal’s decision.
11. Mr Y says his mental health contributed to the delay. However, Mr Y was able to pursue the matter promptly with the Council and has previously submitted a complaint to the Ombudsman within the relevant time limit. Therefore, Mr X’s complaint is late and there are no good reason he did not complain to us sooner.
12. Even if the complaint was not late, we would not investigate. While there are likely failures in communication and delays by the Council in following the Tribunals decision, the injustice caused is not only due to the Council’s actions.
13. Mr Y’s failure to provide information to the Council contributed to the injustice. The Council needed further information from Mr Y to calculate his housing benefit and carry out the Tribunal decision. Mr Y did not provide this information.
14. Mr Y believes he should not have to provide any further information as the Tribunal has set aside the previous housing benefit decisions. A Council can request further information in order to work out correct benefit entitlement. This is not contradictory to the Tribunals decision. The Tribunal said in its decision letter the Council should make it clear the information it needs and Mr Y should do his best to provide the information asked for.
15. The injustice could have been remedied in November 2025 had Mr Y provided the information the Council needed. While we recognise Mr Y's distress, the injustice arising from the matters complained about is not significant enough to justify our involvement. 

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Final decision

16. We will not investigate Mr Y’s complaint because it is late and there are no good reasons to exercise our discretion to investigate.

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Investigator's decision on behalf of the Ombudsman