Summary: We will not investigate this complaint about how the Council considered Mr X’s housing benefit claim. Mr X has already appealed to a tribunal, and we have no jurisdiction to investigate.

The complaint

1. Mr X complained the Council did not properly consider his claims for housing benefit. He also says the Council were unhelpful and did not provide the support he needed to make the claim.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
3. 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)
4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X made two claims for Housing Benefit to the Council in 2020. Mr X appealed the Council’s decisions on those claims, and in January 2022, the Upper Tribunal upheld the Council’s decisions. Mr X made a further claim for housing benefit in 2021 and is currently appealing the Council’s decision for this claim at the Upper Tribunal.
8. The law says we cannot investigate where a complainant has made an appeal to a tribunal.
9. Mr X also said the Council were unhelpful in the claims process because it did not consider he had a hearing impairment and did not have access to material online.
10. The Council offered to arrange for a benefit officer to meet with Mr X during the claims process. Therefore, there is insufficient evidence of fault in how it handled Mr X’s reasonable adjustment requirement.

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Final decision

11. We will not investigate this complaint about how the Council considered Mr X’s housing benefit claim. Mr X has already appealed to a tribunal, and we have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman