Summary: Mr X complains about the level of housing benefit paid to his tenants. We will not investigate this complaint because there was a right of appeal to a tribunal.

The complaint

1. Mr X complains about the level of housing benefit paid to his tenants.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if someone has appealed to a tribunal. (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 have considered the comments of Mr X and the Council’s response and Mr X has been given an opportunity to respond before a final decision.

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What I found

6. Mr X is a landlord who provides care as part of the rent. His tenants appealed successfully against the decision.
7. The Council limited the rent Mr X could charge as landlord but advised Mr X that he could appeal to a tribunal if he disputed that decision.
8. We cannot investigate a complaint about a matter which has been appealed to a tribunal or could be appealed to a tribunal. The complaint is therefore out of jurisdiction.
9. Further, we would expect a complaint about housing benefit payments to be made by the claimant rather than the landlord as it is the claimant who suffers alleged injustice for the Council’s decisions.

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Final decision

10. I do not intend to investigate this complaint because there was a right of appeal to a tribunal.
     

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Investigator's decision on behalf of the Ombudsman