Summary: The Ombudsman will not investigate the Council’s decision to stop the complainant’s housing benefit and council tax relief. This is because it would have been reasonable for the complainant to use her right of appeal to a tribunal about the Council’s decision.

The complaint

1. The complainant, whom I shall refer to as Miss X, has complained about the Council’s decision to end her housing benefit and council tax relief on two occasions.

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The Ombudsman’s role and powers

2. 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)
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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I have considered Miss X’s complaint and the Council’s responses. I invited Miss X to comment on a draft of this decision.

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What I found

What happened

6. In June 2019, the Council wrote to Miss X and advised her that her housing benefit and council tax support awards for December 2018 to January 2019 had been terminated. As a result, the Council said Miss X had received an overpayment which she must repay. Miss X is unhappy with this decision. She believes the reason the Council stopped her benefit payments was as she was unable to claim jobseeker’s allowance over the Christmas period due to public holidays.
7. Miss X also complains that her housing benefit and council tax support payments were stopped on a second occasion when she started part time work. Miss X argues she was still entitled to these payments as she received a low income.

Assessment

8. The Ombudsman will not investigate Miss X’s complaint about the Council’s decision to terminate her housing benefit and council tax relief. This is because she had a right to appeal to a tribunal.
9. I understand Miss X did not agree with the Council’s decision to end her benefit payments. However, Miss X had the right to appeal to the Valuation Tribunal about the Council’s decision to end her council tax relief. She also could have appealed to the Social Entitlement Chamber if she disagreed with the Council’s decision to stop her housing benefit. I see no reason why an appeal could not have been made and the Ombudsman will not normally investigate matters where someone has the right to appeal to a tribunal.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because the complainant had the right to appeal to a tribunal about the Council’s decision.

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Investigator's decision on behalf of the Ombudsman