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
- The complainant, who I have called Miss Q, complained about the London Borough of Camden’s decision not to award her housing benefit.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
- 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)
How I considered this complaint
- I considered the information Miss Q provided. I considered the information the Council provided.
What I found
What happened
- 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
- We cannot investigate this complaint.
- 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.
Final decision
- We cannot investigate Miss Q’s complaint because she has appealed to a tribunal.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman