Summary: We will not investigate this housing benefit complaint because Ms X could have used her review and appeal rights.

The complaint

1. The complainant, Ms X, disagrees with the date from which the Council awarded housing benefit.

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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 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 information provided by Ms X and our Assessment Code.

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My assessment

6. The Council awarded housing benefit from 28 October. Ms X says the Council should pay housing benefit from an earlier date.
7. I will not start an investigation because Ms X could have used her review and appeal rights. It is reasonable to expect her to appeal because the tribunal is the correct organisation to consider housing benefit disputes. The tribunal can decide if a council has awarded benefit from the correct date. The tribunal is free to use, does not need legal representation, and the Council notified Ms X of her appeal rights. We do make housing benefit decisions and cannot tell the Council to change the date of the award.
8. Ms X could ask for a late appeal. It would be for the tribunal to decide whether to accept a late appeal.

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Final decision

9. We will not investigate this complaint because Ms X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman