Summary: Ms X complains about the Council’s decisions regarding her housing benefit entitlement. We will not investigate this complaint because there is a right of appeal to a tribunal.

The complaint

1. Ms X complains about the Council’s decisions regarding her housing benefit entitlement.

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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 and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Ms X says that the Council issued several decision notices to her about her housing benefit entitlement which she says was confusing. She says that the Council told her that there had been an overpayment which she queried.
6. The Council says that payments to her of housing benefit were lower than Ms X anticipated because an overpayment from 2020 was being recovered.
7. The Ombudsman cannot determine Ms X’s entitlement to housing benefit or whether or not an overpayment of housing benefit is recoverable. Only a tribunal can do this. Ms X can still make an appeal within 13 months (if the tribunal accepts her late appeal).
8. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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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