Dorset Council (24 015 832)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 28 Jan 2025
The Ombudsman's final decision:
Summary: We cannot investigate this housing benefit complaint because the matter has been considered by the tribunal and in court. In addition, it is a late complaint.
The complaint
- The complainant, Mr X, says the Council owes him housing benefit from 2014 and should not be seeking £17,000 from him. Mr X wants the Council to pay him £6400 in housing benefit plus inflation.
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 a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council. I also considered our Assessment Code.
My assessment
- The Council ended Mr X’s housing benefit in 2015. Mr X appealed to the tribunal and started legal action in court seeking a sum of money to reflect the housing benefit he thinks he is entitled to.
- The court struck out the claim and the Council obtained a costs order which it is trying to enforce.
- Mr X moved out of the Council area in 2015.
- I cannot start an investigation because the matters have been considered by the tribunal and in court. The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal or considered in court. This means I cannot investigate the housing benefit decision or the costs order.
- I also will not start an investigation because it is a late complaint. Mr X has been aware of the housing benefit decision since 2015 but did not complain to us until 2024. I have not seen any good reason to accept the complaint and, even if I did, I have no power to start an investigation.
Final decision
- We cannot investigate this complaint because the issues have been considered in court and by the tribunal. In addition, it is a late complaint.
Investigator's decision on behalf of the Ombudsman