Summary: We will not investigate this complaint alleging a 2-year underpayment of Housing Benefit. This is because the complainant has a right of appeal to the specialist Housing Benefit tribunal. And it is reasonable to expect her to use this appeal right.

The complaint

1. Miss X complains the Council has underpaid her housing benefit for the past two years. She says she had to underpay other bills to keep up.
2. She would like a refund of all the payments she has made.

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The Ombudsman’s role and powers

3. 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)
4. 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

5. I considered information provided by the complainant and the Ombudsman’s Assessment Code. I also read the Council’s review response to Miss X.

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Final decision

6. I will not investigate Miss X’s complaint as it is reasonable to expect her to appeal to the Housing Benefit tribunal.

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Investigator's decision on behalf of the Ombudsman