Summary: The Ombudsman will not investigate Miss B’s complaint that, when she was signing her new tenancy agreement, the body which manages the Council’s social housing did not tell her to make a new claim for universal credit for housing costs immediately, the Council failed to pay her removal costs and failed to backdate her housing benefit claim. This is because we cannot investigate her complaints about the Council’s social housing management service and it was reasonable to expect Miss B to use her right of appeal if she wanted to challenge the Council’s housing benefit decision.

The complaint

1. The complainant, whom I shall call Miss B, complained that, when she was signing her new tenancy agreement, the body which manages the Council’s social housing did not tell her to make a new claim for universal credit for housing costs immediately, the Council failed to pay her removal costs and failed to backdate her housing benefit claim. Miss B told us she is now thousands of pounds out of pocket.

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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 complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
5. 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)
6. 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

7. I have considered the information Miss B provided and given her an opportunity to comment on my draft decision.

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What I found

8. Miss B has complained about the condition of the council owned property to which she moved and the behaviour of contractors. She told us she had begged the Council for support and asked for payment of her removal costs. She says the Council failed to install a new boiler before she moved and to carry out gas and safety checks.
9. The Local Government Ombudsman cannot investigate complaints about the Council’s actions in its role of managing its social housing. That would include Miss B’s complaints about what happened at her tenancy sign-up and maintenance issues including safety checks.
10. We can investigate complaints about other council functions such as the administration of housing benefit. But when people are complaining abut housing benefit decisions such as not backdating a housing benefit claim, we expect them to use their right of appeal to the First Tier Tribunal. It was reasonable to expect Miss B to use her right of appeal because this is the specific remedy the law provides if people wish to challenge housing benefit decisions.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because we cannot investigate Miss B’s complaints about the Council’s social housing management service and it was reasonable to expect her to use her right of appeal if she wanted to challenge the Council’s housing benefit decision.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman