Summary: We will not investigate this complaint about the Council suspending Mrs X’s housing benefit and council tax support. This is because the complainant has already appealed to a tribunal and we do not find sufficient evidence of fault by the Council.

The complaint

1. Mrs X complains that her housing benefit and council tax support were wrongly suspended by the Council in 2019.
2. Since Mrs X’s housing benefit claim was suspended, she has been advised to apply for Universal Credit instead. Mrs X complains she should not have to apply for Universal Credit instead of housing benefit, as she is concerned this will negatively affect her other welfare payments.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6), as amended)
4. We investigate complaints of injustice caused by 'maladministration' and 'service failure'. I have used the word 'fault' to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. I considered the complainant’s comments on my draft decision before coming to a final decision.

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My assessment

8. Mrs X’s appeal against the suspension of her housing benefit and council tax support was not upheld by the Valuation Tribunal and the Social Security Tribunal. Both found the Council’s requests for information from the complainant were reasonable and not excessive.
9. Mrs X complained to us in 2019 about these benefit suspensions. As we advised then, we cannot investigate this complaint because it has already been heard by a tribunal.
10. Mrs X says she did not attend either of these tribunals. I have provided Mrs X with the decisions for both tribunals which showed she was in attendance.
11. Mrs X says welfare charities have advised her to stay on housing benefit rather than moving to Universal Credit as the move will negatively affect her income.
12. In many cases, claimants can voluntarily stay on ‘legacy benefits’, such as housing benefit, until they are moved over to Universal Credit by 2024. However a change in circumstances may trigger the move earlier.
13. After the Council suspended Mrs X’s Housing Benefit, it advised her she would need to make a new claim.
14. The Government expects all legacy benefit claimants to be receiving Universal Credit by 2024. Only new claimants who meet limited, strict criteria can apply for Housing Benefit instead of Universal Credit. The Council’s decision is in line with Government guidance. There is no evidence of fault.

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Final decision

15. We will not investigate this complaint because the complainant has already appealed to a tribunal and we do not find sufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman