City of Bradford Metropolitan District Council (22 001 198)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 16 May 2022
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council has dealt with his housing benefit and council tax. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.
The complaint
- Mr X complains about the way the Council has dealt with his housing benefit and council tax.
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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant had an opportunity to comment on my draft decision.
My assessment
- Mr X says that the Council has made errors in the way his housing benefit and council tax accounts have been handled. As a result, he has received bills of an overpayment of benefit.
- Any dispute about entitlement to benefit or recovery of benefit can be appealed to a tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
- Mr X also made a request for a discretionary housing payment. The Council refused this request. He has an internal right of appeal which the Ombudsman considers he should exercise before complaining to us.
- I note that the Council paid a modest payment of compensation for errors in the complaint’s procedure. The Ombudsman would be unlikely to investigate a complaint about a complaints procedure where he were not to investigate the substantial complaint.
Final decision
- I do not intend to investigate this complaint because there is a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman