Summary: Mrs X complains that the Council assessed her housing benefit incorrectly. The Ombudsman will not investigate this complaint because she appealed successfully against the decision.

The complaint

1. Mrs X complains that the Council assessed her housing benefit incorrectly.

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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 been given the opportunity to comment before a final decision has been made.

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What I found

5. Mrs X’s housing benefit claim was revised by the Council on 5 July 2019 following her appeal. The Council decided that she should no longer be affected by the under occupation charge (the “bedroom tax”).
6. Mrs X appealed against the original decision and so the Ombudsman cannot investigate this complaint. I note that a previous decision had been made to recover an overpayment of housing benefit. Again, this carried a right of appeal 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 Mrs X appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman