Summary: Ms X complains that the Council failed to deal with her claim for housing benefit or backdate Universal Credit. The Ombudsman will not investigate this complaint because there is a remedy by appeal to a tribunal for backdating benefit.

The complaint

1. Ms X complains that the Council failed to deal with her claim for housing benefit or backdate Universal Credit.

Back to top

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)

Back to top

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.

Back to top

What I found

5. Ms X says that she claimed housing benefit but did not receive any decision. She then made a claim for Universal Credit but the Council refused to backdate the claim.
6. Ms X had a right of appeal (which could be extended to 13 months) against the original decision not to award housing benefit. She also had a right of appeal against any decision not to backdate Universal Credit.
7. 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.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman