Summary: We will not investigate this complaint about a housing benefit decision. This is because it was reasonable for the complainant to use his appeal rights to the Social Entitlement Chamber which is the statutory tribunal set up to consider housing benefit appeals.

The complaint

1. In short, Mr X complains about the Council’s failure to pay him housing benefit. Mr X says he is at risk of being evicted from his home due to the Council’s decision.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 the information provided by the complainant and the Council’s complaint response. I also considered our Assessment Code.

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My assessment

6. The Council’s complaint response to Mr X advises that he has not provided full information it needs to assess his application for housing benefit. It says based on the information it has seen to date it considers Mr X is over the capital limit to be eligible for housing benefit.
7. We will not investigate. Mr X could have appealed to the tribunal if he disagrees with the Council decision. It is reasonable to expect him to appeal because the tribunal is the statutory body set up by parliament to consider benefit appeals.
8. Mr X also says his arthritis and vibrational white finger has prevented him from complaining. The Council says it advised him of the different ways he can complain. I have seen no indication of fault in the Council’s handling of Mr X’s complaint so we will not investigate this aspect of his complaint either.

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Final decision

9. I will not investigate this complaint as Mr X could have appealed to the Social Entitlement Chamber.

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Investigator's decision on behalf of the Ombudsman