Summary: The Ombudsman cannot investigate Mr A’s complaint about the Council’s decision that it would cancel his housing benefit and council tax support. This is because Mr A has now used his right to appeal to the Tribunal Service.

The complaint

1. The complainant, whom I shall call Mr A, complained about the Council’s decision that it would cancel his housing benefit and council tax support because it was not satisfied he had been living in the property. Mr A told us this has caused him much stress, anxiety and depression.

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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. 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)
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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

7. I have considered the information Mr A and the Council have provided and spoken to Mr A by telephone. I have given Mr A an opportunity to comment on my draft decision.

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What I found

8. If people disagree with council decisions on their entitlement to housing benefit or council tax support, we expect them to use their right of appeal to the First Tier Tribunal (for housing benefit) and the Valuation Tribunal (for council tax support). That is because this is the method the law proves for people to challenge the Council’s decisions. The tribunals have the powers and expertise to deal with such challenges. So it is not unreasonable to expect Mr A to pursue his appeal rights.
9. The Council has told us Mr A’s appeal is now with the Appeals Tribunal Service. We cannot investigate Mr A’s complaint once he had used his right of appeal. That is the case even if the appeal process may not provide a remedy for all the injustice Mr A has claimed.

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Final decision

10. The Ombudsman cannot investigate this complaint. This is because Mr A has now used his right of appeal to the Tribunal Service.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman