Hertsmere Borough Council (21 007 869)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 09 Nov 2021
The Ombudsman's final decision:
Summary: Mr and Ms X complain about the way the Council has treated their housing benefit claims. We will not investigate this complaint because they appealed to a tribunal.
The complaint
- Mr and Ms X complain about the way the Council has treated their housing benefit claims.
The Ombudsman’s role and powers
- 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)
- 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)
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainants and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainants had an opportunity to comment on my draft decision.
My assessment
- Mr and Ms X appealed in July 2021 to the Council against an earlier decision to refuse housing benefit based on (what they believe to be) cohabitation. The Council advised them that the appeal did not contain information required to allow them to either review the case or pass to a tribunal. The Council points out that the decision to refuse housing benefit was made in January 2018 and would normally be considered too late for an appeal.
- The Ombudsman cannot investigate a complaint where an appeal has been made (or could be made) to a tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not have been made in this case.
Final decision
- I do not intend to investigate this complaint because they appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman