Summary: Mr X complains about the Council’s assessment of his housing benefit and council tax reduction claim and the dates of payment. 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 Council’s assessment of his housing benefit and council tax reduction claim and the dates of payment.

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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 commented on the draft decision.

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What I found

5. Mr X complained to the Council in 2018 that his benefit should have started on 19 December 2017 when he lost his previous job rather than 1 January 2018. He also queried his liability for full council tax given the student status of his children.
6. Any decision about entitlement to (and dates of) benefit 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.
7. Mr X has been advised that he may find it helpful to seek advice from the Citizen’s Advice about this matter.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman