London Borough of Camden (19 012 981)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Closed after initial enquiries

Decision date : 19 Dec 2019

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the Council’s decision not to award Miss Q housing benefit. This is because she has appealed to a tribunal.

The complaint

  1. The complainant, who I have called Miss Q, complained about the London Borough of Camden’s decision not to award her housing benefit.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
  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

  1. I considered the information Miss Q provided. I considered the information the Council provided.

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What I found

What happened

  1. Miss Q rents a flat. In 2014 she applied for housing benefit to pay for her rent. The Council refused her application. Miss Q later appealed to the Social Security Appeal Tribunal. The Tribunal rejected her appeal.

Assessment

  1. We cannot investigate this complaint.
  2. The Council refused Miss Q’s application for housing benefit in 2014. So the complaint is late. But in any event, Miss Q has appealed to the Social Security Appeal Tribunal. We cannot investigate her complaint for this reason.

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Final decision

  1. We cannot investigate Miss Q’s complaint because she has appealed to a tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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