Summary: Mrs X complains that the Council refused to back date her benefit claim as far as she would like. The Ombudsman will not investigate this complaint because she had a right of appeal to a tribunal.

The complaint

1. Mrs X complains that the Council refused to back date her benefit claim as far as she would like.

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 commented on the draft decision.

Back to top

What I found

5. Mrs X made a claim for housing benefit and council tax support in September 2018. She says that she should have been entitled to benefit prior to that date but had not been aware of her entitlement.
6. She asked the Council to backdate the award and the Council agreed to backdate a week.
7. Any decision about entitlement to housing benefit or council tax support can be appealed to a tribunal. 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