The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to reduce the complainant’s entitlement to Housing Benefit. This is because it is reasonable to expect the complainant to appeal to the specialist Housing Benefit tribunal.
The complaint
Mrs X complains the Council has reduced her housing benefit award due to a change in her family circumstances. She says she has less money coming into her household so the Council’s decision needs reviewing.
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)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code. I also read the Council’s response.
The Council has confirmed Mrs X still has a right to appeal to the Social Entitlement Chamber. And its decision letter advises her of her appeal rights.
Final decision
I will not investigate Mrs X’s complaint as it is reasonable to expect her to appeal to the Housing Benefit tribunal.
Investigator's decision on behalf of the Ombudsman