Summary: Mr X complains about the Council’s decision to refuse a housing benefit claim. The Ombudsman will not investigate this complaint because the matter was appealed to a tribunal.

The complaint

1. Mr X complains about the Council’s decision to refuse a housing benefit claim.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (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 says that he rented out his property to a tenant but had transferred ownership to his son in 2006. The Council investigated in 2014 and decided to cancel housing benefit and created an overpayment which the Council considered recoverable.
6. Mr X appealed against the decision and won. The Council appealed to an Upper tribunal but lost. Mr X is unhappy with the Council’s original decision.
7. The Ombudsman has no legal power to investigate this complaint because it was appealed to a tribunal.

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Final decision

8. The Ombudsman will not investigate this complaint because he appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman