The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax and housing benefit because there is a right of appeal to a tribunal.
The complaint
Mr X complains that the Council has refused to allow him to appeal against decisions relating to housing benefit and Council tax.
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) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
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 has refused to allow him to appeal against decisions made regarding his housing benefit and Council tax.
Any decision regarding Council tax reduction can be appealed to a Valuation Tribunal. A person must make the appeal within 2 months from the date on the decision.
If the council does not reply to that person within 2 months, then they can still appeal. In this case, they must appeal within 4 months from the date they first contacted the council.
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 can also appeal to a tribunal against a decision relating to housing benefit if unhappy with the Council’s decision. Again, I see no reason why such an appeal could not be made.
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