Summary: We will not investigate Miss X’s complaint about how the Council handled her housing benefits arrears case and the Council’s decision to put her housing application on hold until she pays off the arrears. This is because the first part of her complaint is late, and there is not enough evidence of fault to warrant investigating the second part of her complaint.

The complaint

1. Miss X complains about the Council’s August 2023 invoice for housing benefit arrears.
2. Miss X also complains about the Council’s decision to put her housing application on hold due to the benefit arrears. She feels that the Council should use its discretion and reinstate her housing application. She said she is currently on a payment plan to repay the benefit arrears.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

8. Miss X complains that the Council sent her an invoice in August 2023. The invoice showed that she had accrued housing benefits overpayments between 2014 and 2022 that she needed to repay. Miss X says she was not given a full breakdown of how the Council calculated the arrears.
9. However, we cannot investigate this part of her complaint as it is late. I have seen no good reason why Miss X could not have come to us sooner.
10. Miss X also complains the Council has suspended her housing application because of the outstanding benefit overpayments. She feels the Council should exercise its discretion and reinstate her application.
11. While I acknowledge her concerns, I am satisfied the Council has clearly explained why her application is on hold and why it has refused to exercise its discretion and reinstate her housing application.
12. The Council explained that under its Housing Allocations policy, applicants who owe a housing related debt will be suspended from the housing register. The Council told Miss X that under the same policy, the Council will exercise its discretion when all or most of the housing related debt has been paid off. However, in Miss X’s case she still owed over six thousand pounds and so it would not exercise discretion.
13. I have not seen enough evidence of fault with the Council’s decision making to justify an investigation.

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Final decision

14. We will not investigate Miss X’s complaint because part of it is late and there is not enough evidence of fault to warrant an investigation into the second part of her complaint.

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Investigator's decision on behalf of the Ombudsman