The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions about housing benefit and council tax support. This is because the complainant had a right of appeal to the specialist Housing Benefit tribunal and it was reasonable to expect her to appeal.
The complaint
Miss X complains she used to receive £277.16 per month in housing benefit and council tax support. Since March 2022 this has been reduced to £84.88.
She says she is in debt and her health has worsened.
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) 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)
How I considered this complaint
I considered information provided by the complainant and the Council. I also referred to the Ombudsman’s Assessment Code.
Final decision
We will not investigate Miss X’s complaint as she had and will have (on any new decisions) a right to appeal to the Housing Benefit tribunal. It is reasonable to expect her to appeal to the specialist tribunal and this places her complaint outside the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman