Summary
Ms X complains that the Council did not deal with her housing benefit appeal in 2013. We will not investigate this complaint because the matter has been remedied and is also out of time.
The complaint
Ms X complains that the Council did not deal with her housing benefit appeal in 2013.
The Ombudsman’s role and powers
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) We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
Ms X says that she appealed a decision not to award housing benefit in 2013. The Council accepts that they did not pass this appeal to the tribunal service but has now done so.
The Council has offered 100 pounds compensation for the problems caused by the delay. The appeal has not yet been decided.
Ms X would have been aware within a year of 2013 that the appeal had not been passed to the tribunal service and could therefore reasonably have made a complaint to this office. The complaint is therefore out of jurisdiction as it is out of time. Nevertheless, the compensation offered by the Council is a reasonable settlement of the complaint were the Ombudsman to investigate the matter.
Final decision
I do not intend to investigate this complaint because the matter is out of time and has also been remedied.
Investigator's decision on behalf of the Ombudsman