Summary: Mr X complains about the Council’s review of his housing benefit claim. The Ombudsman will not investigate this complaint because he has a right of appeal to a tribunal.

The complaint

1. Mr X complains about the Council’s review of his housing benefit claim.

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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)

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

5. Mr X says that the Council misunderstood his entitlement to state retirement pension and he lost housing benefit as a result. He asked the Council to review the matter which the Council did in October 2019.
6. Mr X asked the Council to review the decision again in November 2019.
7. Mr X has a right of appeal to a tribunal against the original decision if the further revision request is unsuccessful. He also has a right of appeal to tribunal up to 13 months after the decision in October if a tribunal accepts a late appeal.
8. I see no reason why an appeal could not reasonably be made in the circumstances. The complaint is therefore out of jurisdiction.

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Final decision

9. I will not investigate this complaint because the matter can be appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman