Slough Borough Council (19 014 148)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 14 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr X’s complaint about his housing benefit. This is because he has appealed to the Tribunal and so the complaint is outside our jurisdiction.
The complaint
- The complainant, whom I shall call Mr X, complains about the Council’s decision to stop his 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.
- 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)
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.
What I found
- Mr X disagrees with the Council’s decision to suspend his housing benefit. Mr X has lodged an appeal with the Tribunal set up by Parliament to consider disputes about housing benefit.
- Because Mr X has appealed to the Tribunal, the exception at paragraph 4 applies to his complaint. We have no powers to investigate when someone has appealed to a tribunal. Mr X’s complaint is not one the Ombudsman can consider.
- Mr X is unhappy the Council will not consider his complaint under its complaints process. But because Mr X has appealed to the Tribunal, it is unlikely we would criticise the Council for not considering his complaint under a parallel process. The Tribunal can give Mr X the outcome he wants. Also, we will not consider a council’s complaints handling if we are not going to consider the substantive issue complained about. This applies here.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint. This is because Mr X has appealed to the Tribunal and so the complaint is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman