Summary: The Ombudsman will not investigate Mrs X’s complaint that the Council has wrongly assessed her housing benefit claim. This is because Mrs X can appeal the Council’s decision to a tribunal and it is reasonable for her to do this.

The complaint

1. Mrs X complains the Council has wrongly assessed her housing benefit claim. She says she should be entitled to some housing benefit, but she currently has to pay her full rent.

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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. 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. 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

5. I considered the information provided by Mrs X in her complaint and information provided by the Council.
6. I sent a copy of my draft decision to Mrs X, who had an opportunity to comment on it.

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What I found

Background

7. Mrs X received housing benefit from the Council.
8. The Council reviewed Mrs X’s housing benefit award and decided she was no longer entitled because her income had increased.
9. Mrs X told the Council she thought its decision was wrong and her income was higher because of some overtime she no longer worked.
10. The Council reviewed Mrs X’s claim and decided she was still not entitled to housing benefits because her working tax credits, combined with her current income, was too high.
11. The Council told Mrs X how to appeal the decision to the tribunal.

Analysis

12. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. Mrs X can appeal the Councils decision on her housing benefit claim to The Social Entitlement Chamber, which is a tribunal that considers housing benefit appeals.
13. 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 tribunal is the right body to consider appeals about housing benefit decisions;
• The Council has told Mrs X how to appeal;
• Mrs X has previously written to the Council successfully and has had support from her local Citizens Advice, so it is reasonable to expect her to appeal to the tribunal.

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Final decision

14. The Ombudsman should not investigate this complaint. This is because Mrs X can appeal the Council’s decision to a tribunal and it is reasonable for her to do this.

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Investigator's decision on behalf of the Ombudsman