Ryedale District Council (22 011 416)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 03 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council’s housing benefit decision as there is a right of appeal to a tribunal.
The complaint
- Mr X complains on behalf of tenants that their housing benefit has been limited due to the Council’s decision that insufficient care was being provided to warrant the payment of greater housing benefit.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council reviewed the housing benefit entitlement of his tenants in 2022. The Council decided that the support did not justify the higher rate of housing benefit for each tenant.
- The Council advised each tenant of their right of appeal to a tribunal in January 2023.
- Any dispute about entitlement to housing benefit is a matter for the 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.
Investigator's decision on behalf of the Ombudsman