Summary: We cannot investigate this complaint that the complainant is not eligible for housing benefit. This is because the complainant is in the process of appealing to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he is not eligible for housing benefit. Mr X has appealed to the tribunal.

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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. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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)

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How I considered this complaint

6. I read the complaint and a letter Mr X sent to the Council asking for his appeal to be passed to the tribunal. I invited Mr X to comment on a draft of this decision.

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What I found

Housing benefit decisions

7. If someone disagrees with a housing benefit decision they can ask for a review or appeal to the tribunal.

What happened

8. In December the Council told Mr X he is ineligible for housing benefit and must claim help with his rent through Universal Credit.
9. Mr X disagrees with the Council’s decision. He says he lives in supported accommodation and is entitled to receive housing benefit. In January Mr X wrote to the Council to say he wanted to appeal to the tribunal against the Council’s decision.

Assessment

10. I cannot start an investigation because Mr X is in the process of appealing to the tribunal. In addition, we do not investigate complaints about entitlement to housing benefit because these are disputes which should be dealt with by the tribunal. The tribunal will decide if Mr X is entitled to housing benefit or should apply for help with his housing costs through Universal Credit. We have no role to play in this dispute.

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Final decision

11. I cannot start an investigation because Mr X has appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman