Lewes District Council (23 012 351)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 16 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an administrative error during a housing benefit appeal. This is because Mr X has appealed to the tribunal who can consider any injustice caused as part of proceedings.
The complaint
- Mr X complained the Council provided an incorrect postal address for him to the courts, which delayed his housing benefit appeal. He says this has led to him becoming homeless. He wants the Council to pay him compensation.
The Ombudsman’s role and powers
- 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).
- The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In response to Mr X’s complaint, the Council acknowledged the tribunal service had sent documents to his former address, which caused a delay receiving them. However, it said it was not at fault as it had provided correct information to the courts and tribunal service. It said the error was made by the tribunal service.
- We cannot investigate this complaint. Mr X has appealed the Council’s decision about his housing benefit eligibility to the tribunal. Regardless of whether there was any fault by the Council, if Mr X considers a delay receiving tribunal documents has caused him an injustice, he can ask the tribunal to consider this as part of proceedings.
Final decision
- We cannot investigate Mr X’s complaint because he has appealed the Council’s decision to the tribunal who can consider any injustice caused as part of proceedings.
Investigator's decision on behalf of the Ombudsman