Summary: We will not investigate this complaint about housing benefit and Council tax reduction because there is a right of appeal to a tribunal.

The complaint

1. Mr X complains about the Council’s decisions relating to his claims for housing benefit and Council tax reduction.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

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

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My assessment

6. Mr X says that the Council took into account incorrect income figures for his pension when applying for housing benefit and Council tax reduction which caused him confusion and stress.
7. The Council has provided a chronology and breakdown of how his income was taken into account for benefit purposes. An overpayment of housing benefit was created as the income figures used were incorrect. The Council decided to recover the overpaid benefit from Mr X.
8. Mr X has a right of appeal to a tribunal against the amount of housing benefit and Council tax reduction he has been awarded. He also has a right of appeal against the decision to recover.
9. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because he could appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman