Summary: Mr X complains about the number of decisions by the Council regarding his housing benefit. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal.

The complaint

1. Mr X complains about the number of decisions by the Council regarding his 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)

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How I considered this complaint

4. I considered the complainant'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 has received several different decisions regarding his housing benefit claims in the past year. Mr X had the right of appeal to a tribunal against any decision with which he disagreed.
6. The Tribunal is an independent expert body and its decisions are binding on councils. I see no reason why an appeal could not have been made.
7. Mr X says that he has, as a result, received an excessive number of rent cards for the Council. The Ombudsman has no jurisdiction over rent accounts but this can be considered by the Housing Ombudsman.

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Final decision

8. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman