The Ombudsman's final decision
Summary: We cannot investigate this complaint about Mrs X’s housing benefit entitlement. This is because the complainant has appealed to the specialist tribunal.
The complaint
Mrs X says she has appealed the Council’s decision not to pay housing benefit. She says her landlord has not received rent for nearly two years.
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 Mrs X and our Assessment Code.
We also checked with the Council about the progress of Mrs X’s appeal.
My assessment
The Council has confirmed that Mrs X’s appeal has recently been referred to the Social Entitlement Chamber.
I cannot investigate this complaint because Mrs X has appealed to the tribunal.
Final decision
We cannot investigate this complaint because Mrs X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman