Summary: We will not investigate Ms X’s complaint the Council has failed to give her the correct amount of housing benefit and decided there was an overpayment of benefit at her former address. Ms X has a right of appeal to the Social Security tribunal against the decisions.

The complaint

1. Ms X complains the Council has failed to award her the correct amount of housing benefit and she has had years of incorrect benefit assessments. She says the Council has failed to apportion the rent correctly between adult members of the household. Ms X says the Council has failed to give a suitable explanation of its decision. She says the Council has caused her time and trouble in seeking benefits advice. She wants the Council to reassess her claim, pay what is owed, cancel an overpayment of benefit, and pay compensation.

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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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I have considered Ms X’s information and comments. I sent Ms X a draft decision statement and have discussed the complaint with her by telephone. The Council has provided the benefit communications.

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What I found

6. On 16 July 2020, the Council wrote to Ms X saying it had ended her benefit claim due to a change of address. There was an overpayment of benefit of £478 because of delay in telling the Council of the change of circumstances. The letter informs Ms X of her right of review and appeal to the Social Security Tribunal.
7. On 17 August 2020, the Council wrote to Ms X and awarded housing benefit at her current address. The letter explains the right of review and appeal to the Tribunal.
8. On 27 October 2020, the Council wrote to Ms X having reviewed her claim and explained the amounts of housing benefit and council tax reduction awarded. The letter indicates the Council knows there are a number of adults at the address but does not explain the position regarding each one. The letter explains the right of appeal to both the Social Security Tribunal and Valuation Tribunal.
9. On 23 November 2020, the Council wrote to Ms X saying it had correctly decided her claim according to the rules and having considered the joint tenancy agreement provided in July 2020.
10. Ms X tells me she has not attempted to appeal to the Tribunal. She had “questions” she wanted the Council to answer about how it was treating the adult in the house who has now left. She says when she told the Council of the change in circumstance it told her the claim is not affected because it was treating the adult as ‘disregarded’ for assessment purposes.

Analysis

11. I will not investigate Ms X’s complaint for the following reasons:
12. The complaint is outside the Ombudsman’s jurisdiction because there is a right of appeal to the Social Security and Valuation Tribunals against the Council’s decisions (see paragraphs 2, 3 and 4 above). The Council’s benefit notifications correctly informed Ms X of her rights of appeal. If Ms X remains concerned that the Council has underpaid benefit she should take her own benefits advice.
13. I consider it reasonable for Ms X to use or have used her right of appeal both on the overpayment and the benefit calculation at her new home. The Tribunal is the specialist body set up to deal with disputes about entitlement and has the power to change the Council’s decision.

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Final decision

14. The Ombudsman will not investigate Ms X’s complaint the Council has failed to give her the correct amount of housing benefit and decided there was an overpayment of benefit at her former address. Ms X has a right of appeal to the Social Security Tribunal against the decisions.

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Investigator's decision on behalf of the Ombudsman