The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s refusal to award a severe disability premium on top of her housing benefit. This is because it is reasonable for her to appeal to a tribunal.
The complaint
Miss X complains about the Council’s refusal to award a severe disability premium on top of her housing benefit. She says the Council’s decision is incorrect as she is eligible for this award.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Miss X’s complaint because it is reasonable for her to use her right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman