The Ombudsman's final decision
Summary: Ms X complains the Council stopped her housing benefit and council tax reduction without her knowledge. We will not investigate because the complaint is late and there is no evidence to suggest that Ms X could not have complained to us sooner. Furthermore, Ms X had a right of appeal to a tribunal and it would have been reasonable for her to use it.
The complaint
Ms X complained the Council stopped her housing benefit and council tax reduction without her knowledge and she only found out about it in August 2022. She claims the matter has created a debt of £8,000. and caused her stress and anxiety.
Ms X would like the Council to apologise, write off the debt and award her a payment for the undue stress it caused her.
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) 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) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. Ms X has been aware of the matters she complains about for over two years and it would have been reasonable for her to have complained to us earlier. Therefore, I will not exercise my discretion to investigate this complaint.
Even if we did exercise discretion on whether the complaint was late, we would not investigate. Ms X had a right of appeal to the tribunal which it would have been reasonable for her to use and I have seen no good reasons why she could not use this right.
Final decision
We will not investigate Ms X’s complaint about housing benefit and council tax reduction. The complaint is late and there is no good reason for the delay. Ms X also had a right of appeal to the tribunal and it would have been reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman