Summary: We will not investigate this complaint about the Council refusing Mr X’s housing benefit claims. This is because it is reasonable to expect Mr X to have used his right of appeal.

The complaint

1. Mr X complains about the Council’s decisions not to grant his housing benefit claims.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits 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 Mr X.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Since 2023, Mr X has made several housing benefit claims which the Council has refused. Mr X disagrees with those decisions.
8. If someone disagrees with a housing benefit decision they can ask the council for a review. If they are not happy with the review decision, then they can then appeal to the tribunal. So the restriction in paragraph 3 applies to this complaint.
9. I am satisfied, on the balance of probabilities, the Council told Mr X of his right to appeal the housing benefit decisions. That is the route the law provides to challenge such decisions, so we normally expect people to use it. Mr X is evidently able to pursue matters. I do not see any good reason why Mr X could not have appealed.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable for him to have appealed.

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Investigator's decision on behalf of the Ombudsman