Eastbourne Borough Council (23 020 112)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 28 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about two housing benefit claims because the complainant is using his appeal rights.
The complaint
- The complainant, whom I refer to as Mr X, complains the Council has not decided two housing benefit claims. He wants an immediate payment and compensation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes a letter from the Council asking Mr X for information and an update from the Council. I also considered our Assessment Code.
My assessment
- Mr X submitted two housing benefit claims in November and December for two properties. The Council asked Mr X to provide more information about both applications. Mr X did not provide the information so in March the Council refused both claims.
- Mr X lodged an appeal against both decisions which the Council is processing.
- I will not investigate this complaint because Mr X is using his appeal rights. If the Council is unable to change the decisions on review it will pass each appeal to the tribunal. The tribunal will then decide if Mr X is entitled to benefit for either property. We do not make housing benefit decisions and cannot decide if Mr X is entitled to benefit.
Final decision
- We will not investigate this complaint because Mr X is using his appeal rights.
Investigator's decision on behalf of the Ombudsman