Summary: The Ombudsman cannot and will not investigate Mr X’s complaint the Council did not calculate his benefit claim correctly. Mr X has already appealed to a tribunal about his housing benefit, it is reasonable to expect him to appeal to a tribunal about his council tax support and we would be unlikely to find fault about his other concern.

The complaint

1. Mr X complains the Council did not calculate his benefit claim correctly. He says his benefit has changed, even though his circumstances have not and that he does not know who at the Council is dealing with his claims. He wants the Council to independently assess his claim.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. We cannot investigate a complaint if someone has already appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), 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)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

7. I considered the information provided by Mr X in his complaint and the Council’s responses to him.
8. I sent a copy of my draft decision to Mr X, who had an opportunity to comment on it.

Back to top

What I found

Background

9. Mr X is self-employed and claims housing and council tax support from the Council.
10. Mr X says the Council wrongly calculated his benefits and are paying him too little. He says over the last three years his benefits have changed even though his circumstances have not.
11. He also says all the letters sent to him about his benefits are signed by the manager of the benefits team, so he does not know who is making the decisions about his benefits.
12. He wants the Council to arrange for an independent audit of his benefit claims to check he is being paid the correct amounts.
13. The Council says Mr X has appealed his housing benefit claim to the Social Security Appeals Tribunal. It also told Mr X he can appeal his council tax support claim to the Valuation Tribunal

Housing benefit

14. The law says we cannot investigate a complaint if someone has already appealed to a tribunal about the matter. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals.
15. Because Mr X has already appealed his housing benefit claim to the Social Security Appeal Tribunal, the Ombudsman cannot consider this part of Mr X’s complaint.

Council Tax Support

16. The law also says we cannot normally investigate a complaint when someone can appeal to a tribunal. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
17. We have discretion to set aside this rule where we decide there are good reasons. I have decided not to exercise discretion in this case because:
• The Valuation Tribunal is the most suitable body to consider disputes about entitlement to council tax support;
• The Council has told Mr X that he can appeal to the Valuation Tribunal; and
• Mr X has already appealed his claim to housing benefit, so it is reasonable for him to appeal to the Valuation Tribunal about his council tax support.

Accountability

18. The Council, as a corporate body, is responsible for administering housing benefit and council tax support. It is up to the Council to decide how to organise its benefits assessments. We would be unlikely to find fault with the Council sending letters that do not have individual officers’ names on them.

Back to top

Final decision

19. The Ombudsman cannot and will not investigate this complaint. This is because Mr X has already appealed to a tribunal about his housing benefit, it is reasonable to expect him to appeal to a tribunal about his council tax support and we would be unlikely to find fault about his other concern.

Back to top

Investigator's decision on behalf of the Ombudsman