Summary: The Ombudsman will not investigate this complaint about entitlement to housing benefit and council tax support. The complainant has exercised her rights of appeal to a tribunal.

The complaint

1. The complainant, who I refer to here as Miss B, has complained about decisions made by the Council on her entitlement to housing benefit and council tax support.

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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. It says we cannot investigate a complaint when someone has appealed to a tribunal; we have no discretion in this. (Local Government Act 1974, section 26(6)(a), as amended)
3. The courts have decided this restriction applies even if the appeal would not provide a remedy for all the claimed injustice. The courts have also said we cannot investigate a complaint about any action by a council concerning a matter which is itself out of our jurisdiction

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How I considered this complaint

4. I have considered what Miss B said in her complaint and background information provided by the Council. Miss B commented on a draft before I made this decision.

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What I found

5. Miss B has complained about decisions made by the Council on her entitlement to housing benefit and council tax support. She has appealed to the Social Security Appeal Tribunal about the decision on her housing benefit. She has also appealed to the Valuation Tribunal about the decision on her council tax support.

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Final decision

6. We cannot consider Miss B’s complaint because she has exercised her rights of appeal.

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Investigator's decision on behalf of the Ombudsman