Summary: Ms X complains on behalf of her tenant about the right to claim housing benefit. The Ombudsman will not investigate this complaint because the matter has been appealed to a tribunal.

The complaint

1. Ms X complains on behalf of her tenant about the right to claim housing benefit.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.

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What I found

6. Ms X is a landlord and represents her tenant, Ms Y who claimed housing benefit. She says that Ms Y is in arrears of £12,000 rent after fleeing domestic abuse. Ms Y made a claim for housing benefit in 2018 but was told that she would have to apply for Universal Credit instead. Universal Credit is out of our jurisdiction.
7. The Council says that her application for housing benefit was refused as she only had two applicable children (Universal Credit would not apply if she had three eligible children) as her eldest child stopped being in receipt of child benefit by the time of the housing benefit application.
8. Ms Y has appealed the Council’s refusal of housing benefit to a tribunal. This matter is therefore out of our jurisdiction. Ms X says that the Council sent personal information about Ms Y to her ex-partner. This is a matter for the Information Commissioner.

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Final decision

9. The Ombudsman will not investigate this complaint because this has been appealed to a tribunal.
    

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Investigator's decision on behalf of the Ombudsman