The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s housing benefit overpayment. Ms X’s complaint has been made late and there is no good reason to consider it now.
The complaint
Miss X complains that in 2017 the Council told her she had overpaid housing benefit and must repay it. In 2020, after she gave more documents, the Council began recovery through a Direct Earnings Attachment (DEA). For five years she has tried to resolve the issue. She appealed, but the Council said the decision was final. She also says the Council failed to make reasonable adjustments.
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 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Miss X’s complaint as her concerns are about issues that happened more than 12 months ago, and I see no good reason why she could not have complained to us sooner.
Miss X learned about the overpayment in 2017. In 2020, the Council began collecting the debt.
Miss X has explained why she delayed bringing the complaint to us. I reviewed her circumstances. However, the issues Miss X referred to began in 2022, and she still had five years before then to bring the complaint to the Ombudsman.
Final decision
We will not investigate because the complaint has been made late and there is no good reason to consider it now.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman