The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to not to award Miss X full housing benefit. This is because Miss X has used her right to appeal against the decision, so we have no remit to investigate.
The complaint
Miss Y complains on behalf of Miss X, about the Council’s decision not to award Miss X full housing benefit to cover Miss X’s rent.
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
We have no remit to decide housing benefit appeals. After the Council has decided the appeal and if Miss X remains dissatisfied with the outcome, she can appeal to the Social Entitlement Chamber. The Chamber is an independent expert body whose decisions are binding on councils. So, we cannot investigate any aspect of this, as for the purposes of our jurisdiction, Miss X has taken up her rights of appeal.
Final decision
We cannot investigate Miss X’s complaint because she has taken up her rights of appeal against the Council’s decision.
Investigator's decision on behalf of the Ombudsman