Summary: We will not investigate this complaint about the Council’s handling of the complainant’s application for council tax support benefit. This is because the complainant has a right of appeal to the specialist Benefits tribunal. And it is reasonable to expect her to appeal.

The complaint

1. Miss X complains about the Council’s delayed handling of her application for council tax support benefit.

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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. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit and council tax support appeals. (The Social Entitlement Chamber of the First Tier Tribunal)

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How I considered this complaint

4. I considered information provided by the complainant and the Ombudsman’s Assessment Code. I also read the Council’s stage one complaints response to Miss X confirming her rights to appeal to the Appeal tribunal.

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Final decision

5. I will not investigate Miss X’s complaint as it is reasonable to expect her to appeal to the specialist Benefits Appeal tribunal.

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Investigator's decision on behalf of the Ombudsman