Summary: We will not investigate this complaint about a reduction in the complainant’s housing benefit. This is because she could have used her appeal rights and because the Council has increased the benefit award.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council reduced her 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. 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)
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 Mrs X. I also considered an update from the Council, a copy of the decision letter from November, and our Assessment Code.

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My assessment

6. The Council sent Mrs X a housing benefit decision in November. The decision said the Council had reduced her housing benefit. The decision explained what Mrs X needed to do if she disagreed with the decision. The decision explained Mrs X should contact the housing benefit team within one month and ask the Council to review the decision or lodge an appeal to the tribunal.
7. The Council says Mrs X did not ask for a review or appeal.
8. In response to my enquiries the Council said it had reviewed the housing benefit and found an error. It has corrected the error and awarded full benefit to Mrs X. The new award has generated a credit of £2224 which the Council will send to Mrs X.
9. I will not start an investigation because Mrs X could have used her review and appeal rights. I appreciate the Council made an error but the appropriate way to challenge benefit decisions is to use the review and appeal system. If Mrs X had done this the benefit may have been corrected sooner. If Mrs X disagrees with the new decision she can ask for a review or appeal.
10. If Mrs X thinks there has been an error in the way the Council handled this matter, as opposed to disagreeing with the benefit decision, she can make a complaint to the Council. We can only consider complaints that have completed the Council’s complaints process. The Council says it has not received a complaint from Mrs X.

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Final decision

11. We will not investigate this complaint because Mrs X could have used her review and appeal rights.

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Investigator's decision on behalf of the Ombudsman