Summary: We will not investigate this complaint about the suspension of the complainant’s housing benefit. Ms G has a right to appeal against this decision at the Social Security Appeal Tribunal.

The complaint

1. Ms G says the Council has stopped her housing benefit because it claims she has been overpaid by £1,600. She says this is despite her providing evidence that her son was working and telling the Council about other changes when they happened.
2. Ms G feels this was the Council’s error, and she should therefore not be penalised because of the BinJ’s failure to review her benefit account.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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)

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How I considered this complaint

6. I considered information provided by Ms G and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms G has the right to appeal against the Council’s decisions on her housing benefit entitlement, firstly to the Council itself. She then has the right to appeal against the decision at the Social Security Appeal Tribunal.
9. The Social Security Appeal tribunal is a free and easy to use service which was set up by the government to deal with housing benefit appeals.
10. Therefore, it would be reasonable for Ms G to appeal to the Tribunal.

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Final decision

11. We will not investigate Ms G’s complaint because it would be reasonable for her to lodge an appeal at the Social Security Appeal Tribunal.

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Investigator's decision on behalf of the Ombudsman