Summary: We will not investigate this complaint about the Council refusing to accept Ms X’s car insurance as a business expense. She says this affected her housing benefit and council tax reduction/support entitlement. This is because it is outside of the Ombudsman’s jurisdiction as it is reasonable for Ms X to use her right of appeal to the relevant tribunals.

The complaint

1. Ms X complains the Council refused to accept her car insurance as a business expense. She says this has resulted in the Council incorrectly calculating her housing benefit and council tax reduction/support entitlement.

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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 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)
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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X asked the Council to accept her car insurance as a business expense. Ms X told the Council she bought the car insurance so she could work and that she had only claimed the cost associated for business use, not personal use.
9. The Council asked Ms X to provide two car insurance quotes to evidence the difference in charges between insurance for purely personal use, compared to insurance for both business and personal use. The Council explained, as Ms X did not provide this information, it was entitled to make an adverse inference and so decided the entirety of Ms X’s claim for car insurance as a business expense was not eligible to be considered for the purposes of assessing her housing benefit entitlement.
10. Ultimately, Ms X’s complaint is that her housing benefit and council tax reduction/support entitlement has been incorrectly calculated. Ms X can appeal these decisions to the Council. If she is unhappy with the Council’s response, she can appeal to the Social Entitlement Chamber and Valuations Tribunal.
11. We cannot investigate complaints when someone can appeal to a tribunal about the same matter. I consider it is reasonable for Ms X to use her right of appeal.

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Final decision

12. We will not investigate Ms X’s complaint because it is outside of the Ombudsman’s jurisdiction. This is because it is reasonable for Ms X to use her right of appeal to the relevant tribunals.

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Investigator's decision on behalf of the Ombudsman