The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to suspend Mr X’s housing benefit. That is because he has already used his right to appeal to the Social Entitlement Chamber.
The complaint
The complainant, Mr X, disputes the reasons for the Council’s decision to suspend his housing benefit. He says he is now at risk of eviction.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the Council’s decision to suspend his housing benefit. He says that he is now at risk of eviction, Mr X says the last appeal hearing about his claim was abandoned in November 2023 due to a fire alarm. He says he has been waiting for the appeal hearing to be rescheduled.
We have no remit to decide housing benefit appeals. The tribunals are independent expert bodies whose decisions are binding on councils. So, we cannot investigate any aspect of this, as for the purposes of our jurisdiction, Mr X has used his right to appeal albeit the tribunal hearing has yet to take place.
We also have no remit to consider delays by tribunals in arranging hearings. That would be a matter for the Parliamentary and Health Service Ombudsman.
Final decision
We cannot investigate Mr X’s complaint because he has used his right to appeal to the Social Entitlement Chamber.
Investigator's decision on behalf of the Ombudsman