Summary: We will not investigate Ms B’s complaint about the Council’s refusal of her housing benefit claim. This is because it is reasonable for Ms B to put in an appeal to the tribunal.

The complaint

1. Ms B complains the Council has not considered her housing benefit claim correctly and has refused to award her housing benefit. Ms B says this is causing her a lot of distress and her household is getting into rent arrears.

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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 Act 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 Ms B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. If someone disagrees with a housing benefit decision they can ask for a review or appeal to the tribunal. If they ask for a review, and are unhappy with the decision, they can then appeal to the tribunal. The law says people should appeal within one month of the date of the decision they think is wrong. A person can put in a late request for a reconsideration or appeal.
8. The Council recently wrote to Ms B.
9. The Council said it had looked at Ms B’s housing benefit claim again but said she does not qualify for housing benefit and has not done so since September 2022. The Council told Ms B she could put in an appeal by writing to the Council within one month of this letter.
10. This decision gave Ms B the opportunity to put in an appeal against the Council’s assessment of her entitlement to housing benefit. This was the right way to challenge the Council’s decision. Also, Ms B may put in a late appeal now. If the Council does not accept Ms B’s late appeal, the tribunal will consider whether there are good reasons to accept a late appeal.
11. It is not the role of the Ombudsman to decide a person’s entitlement to housing benefit. The tribunal is an independent expert body whose decisions are binding on the Council. I find it is reasonable for Ms B to put in an appeal against the Council’s decision.
12. So, we will not investigate this complaint.

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Final decision

13. We will not investigate Ms B’s complaint because it is reasonable for her to put in an appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman