Summary: We will not investigate this complaint about an overpayment of housing benefit and Council tax support because he has appealed to a tribunal.

The complaint

1. Mr X says that the Council is at fault for the way the information he provided in support of his housing benefit and Council tax support claims was handled.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says that he sent in documents in support of his claims for housing benefit and Council tax support but the Council misread or misinterpreted that information, which resulted in an overpayment of housing benefit. He has appealed this decision to a tribunal.
7. We cannot investigate a complaint about any decision which has been appealed to a tribunal. The courts have held that we cannot investigate aspects subservient to that complaint as well.

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Final decision

8. We will not investigate Mr X’s complaint because he appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman