Summary: We cannot investigate this complaint about housing benefit and council tax support. That is because the matter was considered as part of court proceedings. Therefore, we have no jurisdiction to investigate.

The complaint

1. Mr X complained the Council incorrectly stopped his housing benefit and council tax support. He said its decision was based on inaccurate information about his income. He said the Council’s actions had resulted in him being evicted from his home. He wants the Council to resume the payments.

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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.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)
6. 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)
7. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We cannot consider this complaint the Council wrongly decided to stop Mr X’s housing benefit and council tax support. The Council took court action against Mr X around his rent arrears. Mr X made a counterclaim against the Council in how it had considered his income and its decision to stop his benefit support. Therefore, we have no jurisdiction to investigate as the matter has been considered as part of court proceedings.
11. In any event, we would not investigate, as it was reasonable for Mr X to appeal the Council’s benefit decisions to the tribunal.

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Final decision

12. We will not investigate Mr X’s complaint because it has formed part of court proceedings.

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Investigator's decision on behalf of the Ombudsman