Summary: We will not investigate this complaint about housing benefit assessment. This is because the complaint is late. Ms X could also have used her appeal right. Ms X can refer to the Information Commissioner regarding alleged data breaches.

The complaint

1. Ms X complains the Council calculated her income incorrectly in August 2024 when assessing housing benefit. She says the Council agrees it made a mistake. She also says the Council shared information with a third party, and this was unauthorised. She says this caused her severe distress and led to delayed medical treatment.

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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).
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. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended).

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How I considered this complaint

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

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My assessment

6. Ms X complained to the Council regarding the matters in paragraph 1.
7. The Council replied that its officers had miscalculated Ms X’s income. It apologised for the distress and inconvenience this caused. It also said it had provided training for officers. The Council did not accept it had breached Ms X’s confidentiality.
8. We will not investigate Ms X’s complaint about the Council’s handling of her housing benefit in August 2024. This is because the complaint is late as she complained to the Ombudsman in March 2026 and there is no good reason for the delay. Although there were delays in the complaints process, we would expect Mrs X to come to the Ombudsman within 12 months. In addition, we consider it would have been reasonable for Ms X to appeal to the Social Entitlement Chamber of the First Tier Tribunal.
9. We will not investigate Ms X’s complaint about data breaches. This is because the Information Commissioner is the appropriate body to consider these matters. Ms X is aware of the Information Commissioner’s Office and stated she will raise her complaint with that office.

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Final decision

10. We will not investigate Ms X’s complaint because it is late and it was reasonable for her to appeal to the Tribunal. Ms X can refer her complaint that the Council mishandled her information to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman