Summary: Ms X complains about delays by the Council in determining her housing benefit. The Ombudsman will not investigate this complaint because she has appealed to a tribunal.

The complaint

1. Ms X complains about delays by the Council in determining her housing benefit.

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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. Ms X says that her claim for housing benefit was held up for 11 months. She appealed against the final decision to a tribunal.
6. The Ombudsman cannot investigate a complaint where the matter has been appealed to a tribunal. The injustice caused by any delay to the housing benefit application can only be assessed once the claim has been determined by a tribunal.
7. Any action by the Council regarding fraud is a matter for the courts.

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Final decision

8. The Ombudsman will not investigate this complaint because Ms X has appealed to a tribunal and some issues are for the court.

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Investigator's decision on behalf of the Ombudsman