The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has wrongly calculated a woman’s entitlement to housing benefit. This is because the woman has a right of appeal to a statutory tribunal about the Council’s decision in her case.
The complaint
The complainant, who I shall call Miss B, complained that the Council’s housing benefit (HB) award in her case was incorrect. In particular Miss B said the Council had wrongly applied a non-dependent deduction regarding her daughter, who has not lived with her for several years.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal 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 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 the information Miss B provided with her complaint. I also considered the Ombudsman’s Assessment Code.
My assessment
HB claimants have a right of appeal to the First-tier Tribunal if they disagree with the Council’s decision about their benefit entitlement. The Tribunal is an independent, expert body whose decisions are binding on the Council. Therefore we normally expect HB claimants to pursue their appeal rights.
Miss B has already asked the Council to forward her case to the Tribunal. In the circumstances I consider it is reasonable to expect her to continue with the appeal process.
On that basis I consider the restriction on our jurisdiction I refer to in paragraph 2 applies in Miss B’s case and, therefore, we should not investigate her complaint.
Final decision
We will not start an investigation of Miss B’s complaint that the Council has wrongly calculated her entitlement to housing benefit. This is because Miss B has a right of appeal to a statutory tribunal about this matter and it is reasonable to expect her to use that right.
Investigator's decision on behalf of the Ombudsman