Summary: We will not investigate this complaint about a refusal of housing benefit and council tax reduction. The Ombudsman cannot investigate a complaint where a right of appeal to a tribunal has been (or could be) used.

The complaint

1. Mr X complains about a refusal of housing benefit and council tax reduction.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)

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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. Mr X appealed to a tribunal the refusal of his housing benefit and council tax reduction application. The tribunal refused his appeal. The Ombudsman cannot investigate this complaint as he appealed to a tribunal. He has a further right of appeal to a higher tribunal available to him.

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Final decision

8. We will not investigate Mr X’s complaint because he appealed to a tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman