Summary: Mr X complains about the way the Council dealt with his appeal for refusal of housing benefit. The Ombudsman will not investigate this complaint because he appealed to a tribunal and the matter is out of time.

The complaint

1. Mr X complains about the way the Council dealt with his appeal for refusal of housing benefit.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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 had a dispute with the Council about entitlement to housing benefit between 2014 and 2015. The Council says he had been overpaid housing benefit of £6,400. He appealed to a tribunal (and then to a higher tribunal).
6. The Ombudsman cannot investigate matters relating to this appeal for the reason above. Any issues which are not related to the appeal are out of jurisdiction as they took place more than 12 months ago and I see no reason why the complaints could not have been made to this office within 12 months.

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Final decision

7. The Ombudsman will not investigate this complaint because he appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman