The Ombudsman's final decision
Summary: We cannot investigate Mx X’s complaint about the Council’s decision and handling of her housing benefit. The complaint is outside our jurisdiction as Mx X has appealed to the Tribunal.
The complaint
Mx X complains the Council unfairly ended her housing benefit claim and is refusing to send her appeal to the tribunal. She says her arears are increasing as a result of the delay.
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 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) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council ended Mx X’s housing benefit claim. It said she did not provide information it needed. Mx X complained but the Council did not change its decision. Mx X asked the Council to send her appeal to the tribunal. I note it since has.
The law says we cannot investigate any matter if someone has appealed to a tribunal about the same matter.
Final decision
We cannot investigate Mx X’s complaint because she has appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman