Summary: We will not investigate this complaint about the way the Council assessed the complainant’s benefits. This is because there are appeal rights the complainant could use and there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has not assessed his housing benefit and council tax support correctly. He also complains of delay.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax support.

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How I considered this complaint

6. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered the Ombudsman’s Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

7. Mr X disagrees with recent decisions made by the Council in relation to his housing benefit and council tax support. He does not think the amounts awarded are correct because his income has decreased.
8. We are not an appeal body and do not calculate benefit entitlement. If Mr X thinks the Council has not calculated his benefits correctly he can use his review and appeal rights. It is reasonable to expect Mr X to appeal to the tribunal because it is free to use and the appropriate body to consider benefit disputes. The Council includes information about the appeals system with each benefit decision letter.
9. There was a delay of about a month in the Council reassessing Mr X’s benefits after there had been a change in his circumstances. The Council apologised for the delay. Delays are frustrating and inconvenient but this does not represent sufficient fault to warrant an investigation.

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Final decision

10. I will not investigate this complaint because Mr X could use his appeal rights and there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman