Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to suspend council tax benefit and housing benefit for a period while Mr X was out of the country. Mr X has appealed to the tribunal and so the complaint is outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, who I shall call Mr X, complains the Council refused to pay housing benefit and council tax benefit for a period between March and May 2019 when he was out of the country.

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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. 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 considered Mr X’s complaint to the Ombudsman and the information he provided.

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What I found

6. The exception at paragraph 3 applies to Mr X’s complaint. The Council confirms there is an appeal in progress. Because he has appealed to the tribunal, the complaint is outside the Ombudsman’s jurisdiction.

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Final decision

7. I cannot investigate this complaint. Mr X has exercised his right to appeal to the Tribunal and his complaint is therefore outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman