The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council reduced her housing benefit and council tax support in the summer of 2021. It is reasonable for Mrs X to use her rights of appeal to the Social Security and Valuation Tribunals.
The complaint
Mrs X complains the Council reduced her housing benefit in August 2021 following her taking a lump sum from her pension. Mrs X says she also gets less council tax support. Mrs X feels it is unfair because a friend in a similar position gets more benefit.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I have considered Mrs X’s information and comments and discussed the complaint with her by telephone.
My assessment
I will not investigate this complaint for the following reasons: The complaint is outside the Ombudsman’s jurisdiction because Mrs X has or had a right of appeal to a tribunal (see paragraph 2 and 3 above). 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). The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
I consider it reasonable for Mrs X to use her rights of appeal. The Tribunals have the power to change the Council’s decision.
Final decision
The Ombudsman will not investigate Mrs X’s complaint that the Council reduced her housing benefit and council tax support in the summer of 2021. It is reasonable for Mrs X to use her rights of appeal to the Social Security and Valuation Tribunals.
Investigator's decision on behalf of the Ombudsman