Tameside Metropolitan Borough Council (21 013 715)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 18 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Ms X’s housing benefit claim as she can appeal to a tribunal.
The complaint
- Ms X complains about the Council’s decision to refuse her housing benefit claim.
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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that she made a claim for housing benefit in August 2021 but this was refused. She says that the Council wrongly took her son’s benefit into account.
- Any dispute about housing benefit entitlement can be appealed 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 be made in this case.
Final decision
- We will not investigate Ms X’s complaint because she can appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman