London Borough of Lambeth (22 003 271)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 12 Jun 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to pay housing benefit because there was a right of appeal to a tribunal.
The complaint
- Mr X says that the Council wrongly refused him housing benefit despite the fact that he says he lives in the correct accommodation.
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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made a claim for housing benefit on his property. The Council refused his claim and, after review, confirmed their decision not to pay housing benefit on the grounds that he did not live in accommodation specified in law. He was advised in May 2021 that he could appeal further.
- 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 Mr X’s complaint because he could appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman