Summary: We will not investigate this complaint about the Council’s decisions around the complainant’s relative’s entitlement to Housing Benefit. This is because it is reasonable to expect the complainant to appeal to the specialist Housing Benefit tribunal.

The complaint

1. Mr X complains about the Council failing to award his relative housing benefit despite his provision of information showing his relative’s entitlement.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

Back to top

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 response.
6. The Council has confirmed Mr X still has a right to appeal to the Social Entitlement Chamber. And it will write to him to confirm his appeal rights.

Back to top

Final decision

7. I will not investigate Mr X’s complaint as it is reasonable to expect him to appeal to the Housing Benefit tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman