The Ombudsman's final decision
Summary: We cannot investigate this complaint about a request for backdated housing benefit because the complainant has appealed to the tribunal. In addition, we cannot investigate the Department for Work and Pensions.
The complaint
The complainant, Ms X, says she did not receive help with her rent for about three months. The Council refused her application for backdated housing benefit and the Department for Work and Pensions (DWP) will not pay Universal Credit Housing Costs (UCHC) for the same period.
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) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the DWP. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council. This includes Ms X’s housing benefit appeal. I also considered our Assessment Code.
My assessment
Ms X’s housing benefit ended due to a change in her circumstances. She re-applied in December but says she was mis-advised by either the Council or the DWP as to whether she should claim housing benefit or UCHC.
Ms X received UCHC from March but has not received any help with her rent from December to March.
The Council decided not to backdate the housing benefit. Ms X has appealed against the decision and her appeal has been passed to the tribunal service.
I cannot start an investigation because we have no power to investigate any matter that forms part of an appeal to the tribunal. The tribunal will consider the outstanding benefit period and we have no power to intervene.
I cannot investigate the actions of the DWP because it is not part of the Council.
Final decision
We cannot investigate this complaint because Ms X has appealed to the tribunal and we cannot investigate the actions of the DWP.
Investigator's decision on behalf of the Ombudsman