Summary: Mr X complains that the Council has failed to take into account his evidence of expenses and income for his council tax and housing benefit applications. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.

The complaint

1. Mr X complains that the Council has failed to take into account his expenses and income for his council tax and housing benefit applications.

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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)

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How I considered this complaint

4. 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

5. Mr X says that he submitted accounts and other information to the Council to support his benefit claims. He says the Council cancelled his claim as he had not submitted the information required. The Council says that the information has now been taken into account and a decision made. He was told in May 2019 that he had a right of appeal to a tribunal.
6. I am satisfied that the dispute about entitlement to benefit could be resolved by appeal to a tribunal. Whilst I appreciate he had problems in communicating his evidence to the Council, that matter has been resolved and a right of appeal can determine any remaining dispute.

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Final decision

7. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman