Summary: We cannot investigate this complaint about the Council’s decision to reduce the complainant’s entitlement to Housing Benefit. This is because the complainant has already appealed to the specialist Housing Benefit tribunal.

The complaint

1. Mrs X complains the Council has reduced her housing benefit entitlement. She says this is causing her anxiety and her landlord has started legal action.

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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. 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)
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)

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How I considered this complaint

5. I considered the information provided by the complainant and the Ombudsman’s Assessment Code. I also read the Council’s response.
6. The Council has confirmed that Mrs X has appealed to the Social Entitlement Chamber. So we have no powers to investigate.

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Final decision

7. I cannot investigate Mrs X’s complaint as she has already appealed to the Housing Benefit tribunal.

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Investigator's decision on behalf of the Ombudsman