Folkestone & Hythe District Council (19 015 492)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 23 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about housing benefit. This is because it is reasonable for Mr X to use the appeal rights available to him.
The complaint
- Mr X complains about a reduction in his housing benefit and an alleged overpayment of housing benefit.
The Ombudsman’s role and powers
- 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)
- 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 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 says the Council has reduced his housing benefit. The Council also says it has overpaid Mr X housing benefit. Mr X disagrees with the Council’s decisions.
- Decisions about housing benefit, including overpayments, are appealable to the tribunal detailed in paragraph 3. When somebody can appeal to a tribunal, the Ombudsman normally expects them to use that right, unless it is unreasonable for them to do so.
- Mr X can ask the Council to review its decision. If he is unhappy with the response, I see no reason Mr X should not use the appeal rights available to him. Parliament set up the tribunal to consider appeals about housing benefit, and it is an expert impartial body. It is the appropriate body to consider Mr X’s concerns.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the appeal rights available to him.
Investigator's decision on behalf of the Ombudsman