The Ombudsman's final decision
Summary: We will not investigate this complaint about council housing rent accounts and council tax arrears. We have no jurisdiction to investigate the actions of social housing landlords. We will not exercise discretion to consider Mr X’s council tax account from before 2020 which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council serving a possession notice and issuing a summons for non-payment of rent and council tax. He says it has failed to give him a final review of his complaints.
The Ombudsman’s role and powers
We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he received a summons in previous years for non-payment of council tax when he is receiving full support. He also received a notice of seeking possession for rent arrears from the Council housing landlord but says he is entitled to housing benefit.
The Council says his council tax account received a full support with a nil balance following a complaint about disrepair which resulted in the housing landlord removing his liability up to November 2020. He has not had arrears since that time. There is no evidence to suggest that Mr X could not have complained to us sooner about the tax years prior to 2020.
Mr X says he received a notice of seeking possession from his council housing landlord due to rent arrears. He says he is claiming housing benefit and that the notice should be withdrawn. We cannot investigate the actions of social housing landlords and so cannot consider complaints about rent accounts. If Mr X believes his housing benefit is wrongly assessed he can appeal to the independent benefits tribunal. However, the pursuit of rent arrears by his landlord falls within the remit of the Housing Ombudsman service.
Final decision
We will not investigate this complaint about council housing rent accounts and council tax arrears. We have no jurisdiction to investigate the actions of social housing landlords. We will not exercise discretion to consider Mr X’s council tax account from before 2020 which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman