Summary: We will not investigate this complaint about housing benefit entitlement because there was a right of appeal to a tribunal. Part of the complaint has been remedied by the Council.

The complaint

1. Ms X complains that the Council initially refused to backdate housing benefit following an increase in her rent. The Council then backdated the award following her appeal request.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X’s rent increased in January 2024 and ask the Council to increase her housing benefit accordingly. The Council initially refused to backdate as far as the original increase as a rent officer had considered her rent less than 12 months previously. However, following Ms X’s request for an appeal, the Council reviewed the matter and backdated the award to the original date as requested.
8. Ms X is confused as to why the Council did this and is upset about delays by the Council in responding to her letters. The Council apologised for the delays (which we accept as a remedy to this part of the complaint).
9. I appreciate that Ms X would like further information as to why the decision was changed but the Ombudsman cannot investigate any aspect of the matter appealed as this is out of jurisdiction. Further, a delay by the Redetermination Rent Officer is out of jurisdiction as the Rent Officer is employed by the Valuation Office Agency.
10. Ms X says that a delay by the Council in replying has prevented her from appealing to a tribunal. However, she can appeal up to 13 months after the date of the decision with the tribunal’s permission.

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Final decision

11. We will not investigate Ms X’s complaint because she had a right of appeal to a tribunal and part of the complaint has been remedied.

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Investigator's decision on behalf of the Ombudsman