Newark & Sherwood District Council (20 013 800)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 06 May 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the complainant’s housing benefit and council tax support. She has or had a right of appeal to a tribunal against any decision by the Council on her entitlement to benefits.
The complaint
- The complainant, who I refer to here as Miss B, has complained about changes in how much housing benefit and council tax support she receives from the Council.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It 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)
- The Social Entitlement Chamber is part of the First-Tier Tribunal. It considers housing benefit and council tax support appeals.
How I considered this complaint
- I have considered what Miss B said in her complaint and background information provided by the Council.
What I found
- The Council altered Miss B’s housing benefit and council tax support payments because of changes in her circumstances. It set out the changes in letters and explained she could ask the Council to review her entitlement. The Council also explained to Miss B how she could appeal to a tribunal against its decisions.
Final decision
- I have decided we will not investigate this complaint. This is because Miss B has or had a right of appeal to a tribunal against any decision by the Council on her benefits entitlement.
Investigator's decision on behalf of the Ombudsman