The Ombudsman's final decision
Summary: We will not investigate this complaint about a refusal of housing benefit as there is a right of appeal to a tribunal.
The complaint
Mr X complains that the Council refused his housing benefit claim.
The Ombudsman’s role and powers
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that the Council refused his housing benefit claim, despite his disabilities.
Any decision to refuse a housing benefit claim can be appealed to a tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Mr X also complains that the Council will not communicate with him online, The Council is currently considering this part of his complaint and as such this is premature for the Ombudsman to consider.
Final decision
We will not investigate Mr X’s complaint because there is a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman