Summary: We will not investigate this housing benefit complaint because the complainant could have used her appeal rights and because it is a late complaint.

The complaint

1. The complainant, Ms X, says she has rent arrears due to problems with her housing benefit in 2022.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
5. 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)

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How I considered this complaint

6. I considered information provided by Ms X and the Council. This includes the complaint correspondence and housing benefit decisions. I also considered our Assessment Code.

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My assessment

7. The Council made housing benefits decisions in 2021 and 2022. Ms X challenged some of the decisions.
8. In January 2023 the Council provided a summary of the housing benefit decisions and invited Ms X to ask for an appeal. The Council told Ms X how to appeal and the one month deadline.
9. Ms X challenged some decisions from 2024 which the Council reviewed.
10. I will not investigate this complaint because Ms X could have used her review and appeal rights for any of the decisions issued in 2021 and 2022, and as invited by the Council in January 2023. It is reasonable to expect Ms X to appeal because the tribunal is the appropriate body to consider housing benefit disputes.
11. I also will not start an investigation because this is a late complaint. Ms X has been aware of the housing benefit decisions since 2021 and 2022 but she did not complain to us until October 2024. I have not seen any good reason to accept a late complaint, not least because this was a matter for the tribunal.

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Final decision

12. We will not investigate this complaint because Ms X could have appealed to the tribunal and because it is a late complaint.

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Investigator's decision on behalf of the Ombudsman