Summary: We will not investigate Mr X’s complaint about the Council’s decision he has been overpaid housing benefit. It is reasonable for Mr X to use his statutory right of appeal to the Valuation Tribunal.

The complaint

1. Mr X complains about the Council’s decision he has been overpaid housing benefit and to end housing benefit and council tax support.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has appealed the Council’s decision to end his claim to Housing Benefit and the Council Tax Reduction Scheme. The Council carried out a review and explained Mr X could appeal to the Valuation Tribunal.
7. The tribunal is an independent expert body. The Council must do what the tribunal tells it to. The complainant could appeal to the tribunal in this case.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to appeal to the valuation tribunal.

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Investigator's decision on behalf of the Ombudsman