Summary: We cannot investigate Mr X’s complaint that the Council has failed to reply to a claim for costs arising from a housing benefit appeal to the Social Security Tribunal. We cannot lawfully investigate because Mr X has used his right of appeal.

The complaint

1. Mr X complains the Council has failed to reply to his claim for damages and costs caused by legal cases following the Council stopping his housing benefit in 2014. Mr X says the Council wrongly pursued a fraud case following allegations that he was not living at his address. Mr X says there have been several legal cases over the years. Early in 2021 the First Tier Tribunal upheld his appeal and was critical of the Council. Mr X wants the Ombudsman to provide a financial remedy.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

4. I have considered Mr X’s complaint and comments and have discussed the complaint with him by telephone.

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My assessment

5. I cannot investigate Mr X’s complaint because it is outside the Ombudsman’s jurisdiction (see paragraphs 2 and 3). Mr X has used his right of appeal to the Social Security Tribunal. We cannot investigate the Council’s housing benefit decisions or costs relating to an appeal.

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Final decision

6. The Ombudsman cannot investigate Mr X’s complaint the Council has failed to reply to a claim for costs arising from an appeal to the Social Security Tribunal. We cannot lawfully investigate because Mr X has used his right of appeal.

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Investigator's decision on behalf of the Ombudsman