Summary: Mr X complains about the Council’s decisions regarding his entitlement to housing benefit. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.

The complaint

1. Mr X complains about the Council’s decisions regarding his entitlement to 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 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 the Council should backdate his housing benefit claim to October 2017.
6. Any decision about housing benefit entitlement 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.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman