Summary: We will not investigate this late complaint about the Council’s homelessness and housing benefit decisions. Both decisions brought a statutory right of appeal, which were reasonable for Mr X to use. In any event, there is not a good reason for the delay in Mr X bringing the matter to the Ombudsman.

The complaint

1. Mr X complained about the Council’s actions when he became homeless in 2023. He said it stopped paying him housing benefit and offered him unsuitable accommodation. He said the Council’s actions caused him three months’ homelessness, had a significant financial impact and caused him significant distress. He wanted the Council to reinstate his housing benefit and pay towards his landlord’s court fees, which the court ordered Mr X to pay.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)

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How I considered this complaint

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

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My assessment

7. The Council’s decision the accommodation it offered Mr X was suitable brought with it a statutory right of appeal via the county court. Its decision it could not pay Mr X housing benefit brought with it a statutory right of appeal to tribunal.
8. When a person has the option to appeal a council’s decision, we normally expect them to use that right. There is no apparent reason in this case that it would not have been reasonable for Mr X to use his right of appeal for both decisions. We will not investigate these decisions instead.
9. In any event, the matters Mr X complains about are decisions of which he was aware in mid-2023. Mr X complained to us in late 2024, almost a year and a half later. The law says people must complain to us within 12 months of becoming aware of the matter. There is not a good reason for the delay in this case.

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Final decision

10. We will not investigate Mr X’s complaint because it was reasonable for him to use his statutory rights of appeal for both decisions his complaint relates to.

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Investigator's decision on behalf of the Ombudsman