Summary: We will not investigate Miss X’s complaint about the Council’s handling of her housing situation. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault, and the alleged fault has not caused any significant injustice.

The complaint

1. Miss X complains about the Council’s handling of her housing situation. She complains the Council:
• Failed to tell her of a housing benefit overpayment.
• Failed to tell her of changes to her housing benefit award.
• Failed to deal with the concerns she reported regarding disrepair, harassment, and noise nuisance.
• Inappropriately paid her housing benefit to the letting agent.
• Incorrectly closed her housing register application.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Some of Miss X’s complaints are about matters that happened between 2010 and 2023. These include her complaints about the Council’s handling of her:
• Housing benefit being paid directly to the property managing agent.
• Noise and harassment concerns
• Disrepair
• Housing register application
8. As these matters occurred more than 12 months ago, the complaint is late. Miss X has not provided any good reasons for why she did not complain about these issues earlier. This is especially given she was aware of her concerns at the time and noted she was unhappy with the Council’s response to the concerns she had reported.
9. I am satisfied it is reasonable to expect Miss X to have complained to us about these matters earlier. Therefore, we will not exercise discretion to consider this late complaint.
10. We can consider Miss X’s complaints about how the Council dealt with the disrepair she reported within the last 12 months, and about her housing benefit overpayment.
11. Miss X raised disrepair issues with the Council in April 2024.
12. The Council inspected the property under the housing health and safety rating system (HHSRS). Following its inspection, the Council issued the property managing agent an informal schedule of works which listed all the disrepair issues identified. The Council confirmed the inspection did not identify any category one hazards.
13. The Council told Miss X the property managing agent would be completing the remedial works as set out in the schedule of works. The property managing agent told the Council Miss X was refusing to permit access for contractors to complete the remedial works.
14. An investigation is not justified as we are not likely to find fault. The Council appropriately inspected the property following Miss X raising her concerns. As no category one hazards were identified, the Council is not required to take enforcement action.
15. Instead, the Council had discretion to decide how to proceed. In this case, the Council decided to take informal action by issuing a schedule of works. The Council is allowed to make this decision, and we cannot criticise or find fault with the decision. It was also appropriate for the Council to allow the property agent a reasonable amount of time for it to complete the repairs listed in the schedule.
16. With regards to the housing benefit overpayment, the Council confirmed Miss X’s case had been selected for a full review by the Department of Work and Pensions in April 2024. As part of this review, the Council asked the property managing agent to confirm how much Miss X’s rent was.
17. The Council was told Miss X’s rent was £560 per month. However, Miss X had advised in her housing benefit application that her rent was £660 per month. Therefore, Miss X had been overpaid housing benefit for the period March 2011 to April 2024.
18. It is not clear when the Council told Miss X about the overpayment. However, I am satisfied that even if the Council had delayed in telling her about the overpayment, an investigation is not justified.
19. This is because if the Council had told Miss X about the overpayment without any delays, the situation would be that the Council would recover the overpayment from her as she is responsible for paying back the overpayment. This is the exact same position she is currently in as the Council is recovering the overpayment from her. Therefore, the alleged fault has not caused any significant injustice to Miss X.

Back to top

Final decision

20. We will not investigate Miss X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient evidence of fault and the alleged fault has not caused any significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman