Summary: We will not investigate Ms X’s complaint about a Council decision to stop her housing benefit. There is a right of appeal to a tribunal and it is reasonable for her to use it.

The complaint

1. Ms X complains about a Council decision to stop her housing benefit. She says this has caused distress and is putting her household at risk.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council stopped Ms X’s housing benefit in January 2025. Ms X asked the Council to review the decision, but it did not change its position. It said the Department of Work and Pensions (DWP) had asked it to stop her housing benefit as she had applied for Universal Credit. It advised her how to make an appeal to the tribunal, if she was unhappy with the Council’s decision.
7. We will not investigate this complaint. Ms X has a right of appeal to a tribunal if she disagrees with the Council’s decision and it is reasonable for her to use this right.

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Final decision

8. We will not investigate Ms X’s complaint because she has a right of appeal to a tribunal and it is reasonable for her to use it.

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Investigator's decision on behalf of the Ombudsman