Summary: We cannot investigate Mr X’s complaint about the Council’s decision to refuse his housing benefit claim because he has appealed to the Tribunal. We will also not investigate the Council’s handling of his housing benefit claim because there is no worthwhile result achievable.

The complaint

1. Mr X complains the Council wrongly refused his housing benefit claim. He also complains about the Council’s handling of his claim, including delays and failures to respond to his communications. Mr X wants the Council to review his housing benefit claim and pay him backdated housing benefit.

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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:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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My assessment

8. Mr X has appealed the Council’s decision to refuse his housing benefit application. The Council is now preparing the appeal for submission at the Tribunal shortly.
9. Due to the restriction in paragraph 5, we cannot investigate the Council’s decision to refuse his housing benefit application because Mr X has appealed this decision to the Tribunal.

Council’s handling of housing benefit application and complaints

10. The evidence I have seen shows:
• there were delays in the Council deciding Mr X’s housing benefit application and appeal;
• there were delays in the Council responding to Mr X’s communications and, at times, the Council did not respond; and
• the Council did not signpost Mr X to the next stage of its complaints process in its initial response.
11. The Council has admitted and apologised for delays. It also issued decisions shortly after Mr X raised complaints. While I recognise the delays and poor communication caused Mr X frustration, I am satisfied the Council’s response is suitable and proportionate to the injustice caused. I do not consider that further investigation by us would achieve anything worthwhile now the Council is progressing the matter. Nor could we achieve the backdated housing benefit payments Mr X seeks. The Tribunal will decide his concerns about his housing benefit entitlement.

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Final decision

12. We cannot investigate Mr X’s complaint about the housing benefit decision because he has appealed to the Tribunal. We will not investigate the Council’s handling of his housing benefit claim because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman