Summary: Ms X complains that the Council failed to award her housing benefit. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council and the matter is out of time.

The complaint

1. Ms X complains that the Council failed to award her housing benefit.

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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. 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

4. I have considered the comments of the complainant and the Council’s responses to her complaint. The complainant has commented on the draft decision.

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What I found

5. Ms X says that she discussed a claim for housing benefit with the Council in 2017 but decided not to make a claim. This was confirmed in an email to the Council in March 2018.
6. Ms X says that there was an Employment Support Allowance appeal to the Department of Work and Pensions (DWP) which was not heard until December 2020.
7. The Council says that a decision was made in February 2021 not to award housing benefit backdated to April 2018.
8. Ms X has a right of appeal to tribunal against the decision not to backdate the housing benefit. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case. The complaint is therefore out of jurisdiction.

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Final decision

9. I do not intend to investigate this complaint because she can appeal to a tribunal.
    

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Investigator's decision on behalf of the Ombudsman