Summary: Mr X complained about the Council’s failure to cover all the elements of his rent in its housing benefit calculation. He also complains that it ended his claim when he informed it of a change in his savings level. The Ombudsman should not investigate this complaint. This is because it was reasonable for him to appeal to the independent benefits tribunal which is the proper authority to consider appeals against housing benefit decisions.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council not including the full charge of his rent in its calculation of his housing benefit. He says failure to include the service charge has left him in arrears with his landlord. A further decision to end his benefit claim in 2018 has caused greater problems with affordability.

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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 have considered all the information which Mr X submitted with his complaint and he has commented on the draft decision.

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What I found

5. Mr X complained to the Council that it has not included all the elements of his rent in its benefits calculations since 2017. The Council told him the calculations were correct and that he should appeal to the independent tribunal if he wishes to challenge the decision. Mr X made a further complaint that his savings had been diminished due to the shortfall in benefit. He says that the Council decided to end his claim following receipt of this information.
6. Mr X asked for a review of the decision on his complaint. The Council took several months to carry out a review. However, its decision remained unchanged and it again advised him to appeal.
7. The Ombudsman will not investigate a complaint where there exists a right of appeal to another body. The independent benefits tribunal is the proper authority for deciding appeals against housing benefit decisions and it was reasonable for Mr X to make an appeal once the Council advised him of this.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because it was reasonable for him to appeal to the independent benefits tribunal which is the proper authority to consider appeals against housing benefit decisions.

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Investigator's decision on behalf of the Ombudsman