Summary: We will not investigate Mrs B’s complaint about the Council’s decision on her housing benefit entitlement. This is because it is reasonable for Mrs B to put in an appeal to the tribunal.

The complaint

1. Mrs B complains the Council has got her housing benefit entitlement wrong. Mrs B says her housing benefit should cover her full rent.

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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 Mrs B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs B may challenge the Council’s decision on her housing benefit entitlement by putting in an appeal to the first tier tribunal. It is free to put in an appeal and I find it is reasonable for Mrs B to do this. The tribunal has the power to overturn the Council’s decision. Also, the information indicates the Council has already referred Mrs B’s appeal to the tribunal. So, we will not investigate this complaint.

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Final decision

8. We will not investigate Mrs B’s complaint because it is reasonable for her to appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman