The Ombudsman's final decision
Summary: We will not investigate this late complaint from Mr X about the calculation of his council tax and rent liabilities. There is not a good reason for the delay in bringing the matter to the Ombudsman.
The complaint
Mr X complained that he was incorrectly required to pay both rent and council tax between 2008 and 2021. He said he was in receipt of income-based benefit with an enhanced disability premium, and should have received full housing and council tax benefit. Mr X said he had experienced financial hardship and emotional distress as a consequence of the Council’s refusal to deal with his complaint. He would like a full refund of monies paid.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
This complaint is late. Mr X has told us that he was incorrectly assessed until 2021. That, therefore, is when he became aware of the issue, and he should have complained to us within 12 months of finding that out, by 2022.
In any event, the Council has issued Mr X a rejection notice in April 2024. It is reasonable for Mr X to use his right to appeal the matters he complains about. Housing Benefit appeals are made to the First-Tier Tribunal administered by the Ministry of Justice. Council tax benefit appeals are to the Valuation Tribunal. We are not an appeal body, and we could not decide whether Mr X was eligible for the discounts. The tribunals are best placed to consider the matter, and there is no good reason for us to consider a complaint about the matter instead.
Final decision
We will not investigate Mr X’s late complaint because there is not a good reason for the delay in bringing the matter to the Ombudsman.
Investigator's decision on behalf of the Ombudsman