Summary: We will not investigate this complaint about the Council’s handling of the complainant’s council tax support and housing benefit accounts. This is because it is reasonable to expect the complainant to appeal to the Valuation Tribunal about the council tax support. And we cannot look at anything in connection with the housing benefit as the complainant appealed to the specialist tribunal already.

The complaint

1. Mr X complains about the way the Council has managed his council tax support account plus entitlement to housing benefit. He says he has been left with arrears and is suffering great distress. He would like the previous decisions overturned as he says his claims were valid.

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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. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax support.
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). We cannot investigate a complaint if someone has appealed to a tribunal about the same matter raised to the Ombudsman. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.

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What I found

7. In 2021 a Housing Benefit tribunal upheld a Council decision made in 2020 that Mr X was not entitled to housing benefit going back to 2015.
8. In December 2022 the DWP wrote to the complainant’s MP. It advised that as there was a doubt over Mr X’s entitlement to ‘gateway benefits’, it would explain why the housing benefit was not in payment in full.

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Final decision

9. I will not investigate as it is reasonable to expect Mr X to use his legal right of appeal to the Valuation Tribunal about the decision made on his liability for council tax support. And we cannot consider anything in connection with his housing benefit and rent arrears as he has already appealed about this matter.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman