Summary: We will not investigate this complaint about the Council’s decision to reduce Ms X’s housing benefit and council tax support following a change in her circumstances. It is reasonable for her appeal to the independent benefits tribunal when her formal complaint has been concluded by the Council.

The complaint

1. Ms X complained about the Council’s decision to end her housing benefit entitlement following a change in her household. She says the Council suspended her benefits and delayed providing a detailed explanation and did not forward her appeal to the independent tribunal.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I considered the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says the Council suspended her housing benefit in August without giving a proper explanation. The Council says it sent her notification which told her that her entitlement had reduced to zero following a dependent child becoming a non-dependent on reaching her 20th birthday. Ms X wrote to the Council asking to appeal the decision and for an explanation. The Council did not reply and she made a complaint in September about this.
7. The Council responded in October and told her about the reasons for the change in her benefit and that she could still appeal. However, because she had made a formal complaint it addressed the complaint through its complaints procedure. The Council told Ms X that it had found no fault in the benefits decision at Stage 1 and when she made a further complaint said that it would provide her with a Stage 2 decision before 18 December. If she remains dissatisfied the complaint will be forwarded to the independent benefits tribunal. The Council told her that she needs to provide details about her daughter’s income to support her appeal claim.
8. There was some delay in sending Ms X the explanation of the benefits decision which took 5 weeks from the application of the changes. However, the Council has reviewed her claim and says she retains her rights to appeal to the tribunal when the Stage 2 decision is issued.
9. It is reasonable for Ms X to use the appeal remedy which is still available to her.

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Final decision

10. We will not investigate this complaint about the Council’s decision to reduce Ms X’s housing benefit and council tax support following a change in her circumstances. It is reasonable for her appeal to the independent benefits tribunal when her formal complaint has been concluded by the Council.

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Investigator's decision on behalf of the Ombudsman