Summary: The Ombudsman will not investigate this complaint about the Council’s decision to end the complainant’s housing benefit and council tax reduction. This is because the Council is currently reviewing the case and the complainant will be able to appeal to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision to end his housing benefit and council tax reduction. Mr X wants the Council to award benefit for March and April.

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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 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax reduction.

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How I considered this complaint

6. I read the complaint and found out that the Council is reviewing the decisions. I invited Mr X to comment on a draft of this decision.

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What I found

Benefit decisions

7. If someone disagrees with a benefit decision they can ask for a review or appeal to the tribunal. If they have a review, and are unhappy with the decision, they can appeal to the tribunal.

What happened

8. Mr X was getting housing benefit and council tax reduction. He felt his accommodation was not suitable so in March he went to stay with a friend. Initially he intended this to be a temporary visit but he has decided not to return.
9. The Council cancelled Mr X’s benefits from the date he went away. Mr X disagrees with the decision and says he is entitled to benefit for the first 13 weeks of the absence.
10. The Council is currently reviewing the benefit decisions. If Mr X disagrees with the review decisions he can appeal to the tribunal.

Assessment

11. I will not start an investigation because the Council is currently reviewing the decisions and, if Mr X disagrees with the review decisions, he can appeal to the tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider benefit appeals. In addition, the tribunal is free to use. The Ombudsman does not make benefit decisions; that is the role of the Council and the tribunal.

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Final decision

12. I will not start an investigation because the Council is reviewing the case and Mr X will be able to appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman