Summary: We will not investigate this complaint about the Council’s housing benefit and discretionary housing payment decisions. This is because Ms X has appealed to a Tribunal. There is not enough evidence of fault by the Council regarding its consideration of the DHP claim. We cannot investigate complaints about the management of social housing.

The complaint

1. Ms X complains the Council was wrong to refuse to pay housing benefit and a discretionary housing payment. She says this has led to significant rent arrears. She also complains about disrepair in her home and a rent reduction order.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
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)
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended).

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How I considered this complaint

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

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My assessment

7. Ms X complained to the Council regarding the matters set out in paragraph 1.
8. The Council replied that a Tribunal considered Ms X’s appeal in December 2023. It had upheld the Council’s decision and decided in she was not entitled to housing benefit from May 2023. The Council said it could not pay a DHP because she was not entitled to housing benefit or universal credit for the period.
9. The Council said its housing team would consider Ms X’s complaint regarding a rent reduction and disrepair issues.
10. We cannot consider the Council’s decision to refuse housing benefit because Ms X has already appealed to a Tribunal.
11. I do not consider there is enough evidence of fault to justify an investigation about the Council refusing a DHP. The Council has explained why it cannot pay a DHP.
12. We cannot investigate complaints about the management of social housing as set out in paragraph 5. That is a matter for the Housing Ombudsman Service.

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Final decision

13. We will not investigate Ms X’s complaint because she has used her right of appeal to a Tribunal. There is not enough evidence of fault to justify an investigation regarding the DHP decision. We cannot investigate the Council’s management of social housing.

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Investigator's decision on behalf of the Ombudsman