Summary: We will not investigate Miss X’s complaint about the Council’s decision to stop housing benefit payments to residents living in an accommodation block. Miss X is a director of the organisation that manages the accommodation. This is because the complaint is outside the Ombudsman’s jurisdiction as Miss X has used her right of appeal.

The complaint

1. Miss X is a director of an organisation that manages an accommodation block. Miss X complains about the Council’s decision to stop housing benefit payments to residents living in the accommodation.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

5. Miss X is a director of an organisation that manages an accommodation. The Council had awarded housing benefit for each resident and each claim was considered as meeting the criteria for specified exempt accommodation, in that each resident was receiving care, support, or supervision alongside their accommodation.
6. In March 2023, the council suspended all housing benefit claims for residents of the accommodation. In April 2023, the Council told Miss X it had decided to terminate all residents’ housing benefit claim from 22 April 2022 and create an overpayment of housing benefit. The Council wrote to Miss X to explain its rationale for the decision.
7. The Council confirmed Miss X had appealed against the recovery of the overpayments and that this appeal was progressing through the First-Tier Tribunal.
8. I am satisfied the appeal against the recovery of the overpayments would address the issue of whether the Council’s decision to stop housing benefit payments was right or wrong. This is because for the Tribunal to decide whether the overpayment occurred, it would have to consider whether the Council’s decision to stop all housing benefit payments was correct. As Miss X has used her right of appeal, the complaint is outside the Ombudsman’s jurisdiction.

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Final decision

9. We will not investigate Miss X’s complaint because it is outside the Ombudsman’s jurisdiction as she has used her right of appeal.

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Investigator's decision on behalf of the Ombudsman