The Ombudsman's final decision
Summary: We will not investigate this complaint about a housing benefit appeal delay because the matter has been remedied.
The complaint
Ms X complains that the Council unreasonably delayed passing an appeal she made to the first tier tribunal.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), 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.
My assessment
Ms X submitted a housing benefit appeal in March 2025 regarding care provided as part of the rent. The Council asked her to provide further evidence on 13 May. The appeal was finally passed to the tribunal service in August 2025.
The Ombudsman cannot investigate any aspect of the appeal itself and the outcome at this stage is speculative. However, the Council accepts that the appeal should have been passed on earlier. The Council apologised and offered compensation of £100.
I accept that the delay caused Ms X time and trouble, but the outcome of the appeal is speculative, and any successful appeal will result in backdated housing benefit so there will be no lost benefit from the delay. I consider therefore that the apology and offer of £100 is an acceptable remedy to the complaint.
Final decision
We will not investigate Ms X’s complaint because it has been remedied.
Investigator's decision on behalf of the Ombudsman