London Borough of Croydon (19 018 280)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 12 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about a reduction in his housing benefit. This is because if Mr X wants to challenge the Council’s decision it is reasonable for him to appeal to the tribunal.
The complaint
- Mr X complains about a reduction is his 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 gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.
What I found
- The Council has reduced Mr X’s housing benefit since his mother came to live with him. Mr X says he has sent the Council information it has asked for, but he disagrees with its decision.
- The role of the Ombudsman is to look for administrative fault. We are not a right of appeal for people who disagree with a council’s decision about their housing benefit. Decisions about entitlement to housing benefit can be appealed to the tribunal I refer to in paragraph 3. The tribunal is an independent, expert body, set up by Parliament, as a way for the public to challenge decisions about housing benefit. When there is a right to appeal to a tribunal, the Ombudsman normally expects people to use this right, unless it is unreasonable for them to do so. I see no reason Mr X should not appeal to the tribunal. It can decide if the Council has acted appropriately and if Mr X’s is receiving the housing benefit he is entitled to.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to appeal to the tribunal.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman