Summary: We will not investigate this complaint about housing benefit. That is because the Council’s decision is appealable to tribunal.

The complaint

1. Mr X complained the Council incorrectly calculated his housing benefit and then failed to pass its decision to tribunal after he asked to appeal. He said the Council also failed to disclose all information held about his housing benefit when he completed a Subject Access Request (SAR). He said the Council’s actions had caused him stress, anxiety and left him financially worse off. He wants the Council to recalculate his housing benefit and reimburse him the amount owed.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not investigate Mr X’s complaint about how the Council calculated his housing benefit. This is because the Council’s housing benefit decision is appealable to tribunal. Only the tribunal can decide whether the Council has calculated Mr X’s housing benefit correctly. It is therefore reasonable for Mr X to use his right to appeal if he disagrees about the amount owed.
10. We will not investigate Mr X’s complaint the Council did not pass its decision to the tribunal despite his request to appeal. That is because Mr X’s Member of Parliament (MP) has escalated his appeal to the tribunal on his behalf. Therefore, there is nothing worthwhile to be achieved through further investigation. In addition, Mr X’s dispute with the Council has been ongoing since 2020. Mr X did not complain to the Ombudsman until March 2023. Therefore, Mr X’s complaints about how the Council dealt with his housing benefit claim are also late. It was reasonable for Mr X to complain to us sooner if he was unhappy with the Council’s actions.
11. Mr X said the Council had failed to properly respond to his SAR. It is reasonable for Mr X to complain to the Information Commissioner’s Office if the Council has failed to process his subject access request.

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Final decision

12. We will not investigate Mr X’s complaint because housing benefit decisions are appealable to tribunal.

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Investigator's decision on behalf of the Ombudsman