Summary: We cannot investigate this complaint about Mr X’s housing benefit eligibility. This is because he has exercised his right of appeal to a tribunal.

The complaint

1. Mr X complains the Council has wrongly refused his application for housing benefit.

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

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My assessment

7. The Council has refused Ms X’s application for housing benefit on the grounds that the accommodation he is living in does not meet the eligibility criteria. The Council advised him how to appeal the decision in letters sent in June 2022 and July 2023.
8. Only a tribunal can decide whether Mr X is eligible for housing benefit. Mr X has told us he has used his right of appeal and so we cannot investigate this complaint.

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Final decision

9. We cannot investigate Mr X’s complaint about housing benefit eligibility because he has used his right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman