Summary: We will not investigate Mr X’s complaint the Council owed him housing benefit. The Council has confirmed it has paid the money owed in full. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained about how the Council had dealt with his housing benefit claims since 2022. He said the Tribunal had found in his favour however the Council had not paid him the housing benefit owed. He wants the Council to pay that money with interest and to financially compensate him.

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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 courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate Mr X’s complaint about how the Council dealt with his housing benefit claim and its failure to pay interest or compensation. Firstly, Mr X appealed to the Tribunal to resolve the housing benefit dispute. That was the correct body to consider the matter, however, it means the restriction set out in paragraph two applies.
9. In its complaint response, the Council confirmed the dates it had paid Mr X the outstanding housing benefit in full. It apologised if there was any delay in progressing those payments, due to it having to arrange a new payment method. As the Council has paid the money owed, we will not investigate, as further investigation would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman