Summary: Mrs X complains that the Council unfairly refused her housing benefit. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal.

The complaint

1. Mrs X complains that the Council unfairly refused her 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 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. Mrs X says that she has provided up to date and accurate information about her income to the Council in relation to her housing benefit claim. However, the Council decided in July 2019 that it would not review the decision because she had not supplied details of her travel costs and details of her bank accounts.
6. Any dispute about entitlement to housing 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. Mrs X has been advised to seek further help from the Citizen’s Advice Bureau about appealing the decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman