Summary: The Ombudsman cannot investigate Ms X’s complaint about the way the Council dealt with her housing benefit claim. This is because Ms X has appealed to the tribunal and so the complaint is outside the Ombudsman’s jurisdiction.

The complaint

1. Ms X complains about how the Council dealt with her housing benefit claim.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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

5. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. Ms X complains about the information the Council gave her in 2012 when she was employed on a zero hours contract. She says this led to an overpayment of housing benefit which she appealed to the tribunal in 2017. Ms X wants the Council to write off the overpayment.
7. The exception at paragraph 3 applies to Ms X’s complaint. Because Ms X has appealed to the tribunal the complaint is outside the Ombudsman’s jurisdiction.

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Final decision

8. The Ombudsman cannot investigate Ms X’s complaint. This is because Ms X has appealed to the tribunal and the complaint is therefore outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman