Oxford City Council (21 010 173)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 14 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to refuse a claim for housing benefit. This is because the complainant could have appealed to the tribunal.
The complaint
- The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to award housing benefit. She would like the Council to make an award.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes the Housing benefit decision letter. I considered our Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
- In 2021 Ms X applied for housing benefit for a hotel. The Council refused the claim because Ms X was not living in the property and had not lived there for some time. In addition, Mrs X was not eligible to receive housing benefit for a hotel stay. The Council told her she could appeal to the tribunal if she disagreed with the decision. The Council invited Ms X to make a housing benefit claim for her current permanent home.
- I will not investigate this complaint because Ms X could have appealed to the tribunal. It is reasonable to expect her to have appealed because the tribunal is the appropriate body to consider benefit disputes. The tribunal would have decided if Ms X was entitled to benefit. We do not make housing benefit decisions and cannot tell the Council to make an award.
- In addition, the Council acted appropriately by inviting Ms X to submit a claim for the property she was living in at the time. If Ms X disagrees with any decision relating to a new claim she can use her appeal rights.
Final decision
- I will not investigate this complaint because Ms X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman