Summary: We will not investigate Ms X’s complaint that the Council failed to deal properly with her requests for an appeal against its housing benefit and council tax support decisions from 2018. Ms X has appealed to the relevant tribunals against the Council’s recent decisions. She may return to this office once she has a decision on her appeals and we will consider whether to investigate the earlier period.

The complaint

1. Ms X complains that in 2018 the Council stopped her benefit without an explanation having received information from the Department for Work and Pensions. Ms X says the Council has demanded she repay the overpayment of benefit and has threatened legal action against her.
2. Ms X complains that the Council failed to arrange an appeal against its decisions to the relevant tribunals. She says the Council was wrong in October 2019 to accept the word of citizens advice bureau (CAB) that she did not want to appeal. She says in September 2019 the Council had inaccurate information about her savings including a savings account which does not exist or is not hers.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
5. 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)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
7. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

8. I have considered Ms X’s information and comments. I have clarified with the Council the position on Ms X’s appeals against its benefit decisions.

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What I found

9. Ms X says the benefits problem arose in October 2018 when the Department for Work and Pensions (DWP) stopped her benefit alleging fraud. Ms X says she has appealed its decision to the Social Security Tribunal.
10. On 3 August 2020, the Council sent Ms X a notification on her housing benefit which gave her a new right of appeal to the First Tier Tribunal. The Council says the overpayment was £1284.03 and has been repaid. The Council says on 9 November it sent Ms X’s appeal to the Tribunal.
11. The Council has advised Ms X that she should appeal direct to the Valuation Tribunal regarding her council tax support. There is an email from Ms X, dated 12 October 2020, saying that she has asked the Valuation Tribunal for an extension of time.
12. Ms X complained to this office on 26 October 2020.

Analysis

13. I will not investigate this complaint for the following reasons:
14. The Ombudsman cannot investigate a complaint where an appeal right has been used (see paragraph 4 above). Ms X has appealed to the First Tier Tribunal on the Council’s housing benefit decision of 3 August. I understand Ms X has appealed to the Valuation Tribunal.
15. Those matters which Ms X knew about before 27 October 2020 are outside our jurisdiction because the complaint is made late, after the 12-month permitted period. We have discretion to investigate an earlier period but I do not consider we should decide that issue until the outcome of Ms X’s appeals are known. It is not possible to fully assess the potential injustice until the Tribunals decide the appeals.
16. Should Ms X win her appeals or believe there is injustice caused in the period before she appealed she can return to this office once the outcome of her benefit appeals is known. If so, she should return as quickly as possible.

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Final decision

17. The Ombudsman will not investigate Ms X’s complaint that the Council failed to deal properly with her requests for an appeal against its housing benefit and council tax support decisions from 2018. Ms X has appealed to the relevant tribunals against the Council’s recent decisions. She may return to this office once she has a decision on her appeals and we will consider whether to investigate the earlier period.

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Investigator's decision on behalf of the Ombudsman