Summary: The Ombudsman will not investigate Mr X’s complaint about his housing benefit claim. This is because the Council is not responsible for the issue at the heart of his complaint.

The complaint

1. Mr X complains a government website showed an address he was considering moving to as being in his then council’s area. Mr X moved, but then found out his new address was in a different local authority. This meant his housing benefit claim was cancelled. Mr X now needs to apply for Universal Credit to qualify for housing benefit. Mr X does not want to do this.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies, such as central government agencies. (Local Government Act 1974, sections 25 and 34A, as amended)
5. 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

6. 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.

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What I found

7. The website Mr X says provided wrong information is not controlled by the Council. The exceptions at paragraphs 3 and 4 apply to Mr X’s complaint. We cannot investigate a complaint if the Council is not responsible for the issue complained about. The website is operated by an agency outside our jurisdiction.
8. If Mr X thinks his housing benefit has been wrongly cancelled, then he can ask the Council to review its decision. There are also appeal rights to the Tribunal referred to in paragraph 5.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because the Council is not responsible for the issue at the heart of his complaint.

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Investigator's decision on behalf of the Ombudsman