Summary: We will not investigate this complaint about housing benefit and Council tax delays, and decision making because the matter has been remedied and disputes have been appealed to a tribunal.

The complaint

1. Mr X complains of delays by the Council in determining and providing information in relation to his housing benefit and Council tax Support claims.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X previously complained to this office about the Council’s housing benefit and Council tax support decisions and delay in a subsequent appeal to the tribunal. The complaint was remedied by the Council’s agreement to apologise and refer the appeals to the tribunal. The Council also waived any enforcement costs. Further, the Council also paid £100 compensation for his time and trouble.
7. Mr X now complains that the Council’s errors forced him to appeal to a tribunal.
8. I am satisfied that the previous remedy was sufficient to remedy this matter. The Ombudsman cannot investigate any complaint which has been appealed to a tribunal.

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Final decision

9. We will not investigate Mr X’s complaint because the matter has been appealed to a tribunal and remedied.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman