Summary: We cannot investigate this complaint about a housing benefit claim because the complainant appealed to the tribunal.

The complaint

1. The complainant, Mr X, says the Council evaded processing his housing benefit claim until he was successful at the tribunal. Mr X says he had to borrow money to pay the rent. Mr x wants compensation for the interest charges, stress and for becoming homeless.

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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. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 Mr X and the Council. This includes the complaint correspondence and the tribunal decision. I also considered our Assessment Code.

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My assessment

6. Mr X applied for housing benefit for one month in 2023.
7. The Council rejected the application because it decided Mr X had not proved his identity and the Council was not sure if he had been living at the property.
8. In January 2024 Mr X said he wanted to appeal to the tribunal. The Council prepared a submission and sent it to the tribunal in March.
9. The tribunal heard the appeal in November and said Mr X was entitled to housing benefit for that month. The Council asked Mr X for his bank details in November. Mr X provided them in February.
10. I cannot start an investigation because Mr X appealed to the tribunal. The law says we cannot investigate any matter that has been subject of an appeal to the tribunal. There is no provision in the regulations for councils to pay compensation following a successful appeal. If parliament had intended for people to receive compensation, following a successful appeal, then this would be included as part of the appeals process – but it is not.

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Final decision

11. We cannot investigate this complaint because the complainant appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman