Summary: The Ombudsman will not investigate Mrs A’s complaint that the Council paid her less housing benefit than she was entitled to. This is because it would have been reasonable for her to appeal to an independent tribunal.

The complaint

1. The complainant, who I will refer to as Mrs A, complains that the Council paid her less housing benefit than she was entitled to.

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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 have considered what Mrs A has said in support of her complaint.

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What I found

5. Mrs A says the Council has failed to pay her the correct amount of housing benefit since she reported a change of circumstances. She argues that she was underpaid by £200 per month for ten months. She wants the Council to pay her what she is entitled to for the period.
6. The Ombudsman will not investigate Mrs A complaint because it concerns the calculation of her housing benefit entitlement. Mrs A was entitled to appeal against the Council’s decision on her housing benefit to the Social Entitlement Chamber of the First Tier Tribunal. Where appeal rights exist, the Ombudsman normally expects them to be used. It would have been reasonable for Mrs A to appeal and the Ombudsman will not intervene.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it would have been reasonable for Mrs A to use her right to appeal.

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Investigator's decision on behalf of the Ombudsman