Summary: We will not investigate this complaint that the Council refused to backdate council tax support and housing benefit. This is because the complainant had the right of appeal to the Council and then a tribunal.

The complaint

1. The complainant, who I will call Mr C, complains that the Council refused to backdate council tax support and housing benefit more than three months. Mr C says this caused him financial hardship.

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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 considered information provided by Mr C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr C successfully applied for council tax support and housing benefit in April 2021. He complained to the Council that the benefits should be backdated to 2019, but the Council said it could only backdate them by a maximum of three months.
8. I will not investigate this complaint. This is because Mr C had the right to appeal to the Council for a review of its decision. If he remained dissatisfied, he could have appealed the decision to the relevant tribunal. The Council made Mr C aware of these rights.

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Final decision

9. We will not investigate Mr C’s complaint because he had the right to appeal to the Council and at tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman