Summary: We will not investigate this complaint about the complainant’s housing benefit entitlement. The complainant has appealed to a tribunal. There is no other fault within our jurisdiction we should investigate.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about the Council’s decision on his entitlement to housing benefit.

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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 investigate a complaint where someone has appealed to a tribunal; we have no discretion in this. The courts have decided this restriction applies even if the appeal could not provide a remedy for all the claimed injustice. (Local Government Act 1974, section 26(6)(a), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the Mr B and the Council. I also considered our Assessment Code.

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My assessment

6. Mr B has appealed to the Social Entitlement Chamber of First-Tier Tribunal against the Council’s decision on his housing benefit entitlement. The Tribunal upheld the Council’s decision and so Mr B has received the correct amount of housing benefit.

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Final decision

7. We cannot investigate Mr B’s substantive complaint because he has appealed to a tribunal. There is no evidence of other fault within our jurisdiction we should investigate.

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Investigator's decision on behalf of the Ombudsman