Summary: We will not investigate this complaint about the advice the Council gave Mr X about benefits he could get to help pay his rent. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now.

The complaint

1. Mr X complains the Council wrongly advised him about the amount he could claim in benefits when he was threatened with homelessness in 2024. Mr X says as a result, he entered a tenancy he could not afford. He is now threatened with homelessness again.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

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. Mr X knew about the matter he complains of by May 2024. This is more than 12 months before he complained to the Ombudsman. We cannot investigate late complaints unless we are satisfied there is a good reason the complainant did not come to us sooner. There are no good reasons Mr X could not have complained sooner and we will not exercise discretion to investigate this late complaint.
8. Any issues with Mr X’s current homeless application have not yet been considered by the Council as a complaint and the restriction in paragraph four applies.

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Final decision

9. We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman