The Ombudsman's final decision
Summary: Mr X complains about the way the Council has dealt with his housing benefit and council tax. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.
The complaint
Mr X complains about the way the Council has dealt with his housing benefit and council tax.
The Ombudsman’s role and powers
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) 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.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
Mr X says that the Council has made errors in the way his housing benefit and council tax accounts have been handled. As a result, he has received bills of an overpayment of benefit.
Any dispute about entitlement to benefit or recovery of benefit can be appealed to a tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Mr X also made a request for a discretionary housing payment. The Council refused this request. He has an internal right of appeal which the Ombudsman considers he should exercise before complaining to us.
I note that the Council paid a modest payment of compensation for errors in the complaint’s procedure. The Ombudsman would be unlikely to investigate a complaint about a complaints procedure where he were not to investigate the substantial complaint.
Final decision
I do not intend to investigate this complaint because there is a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman