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 tribunal.
The complaint
Mr X complains that the Council has unreasonably refused housing benefit to his parents.
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 his parents have made a housing benefit claim which has been the subject of further requests for evidence from the Council. The Council then cancelled the claim.
If Housing Benefit is cancelled, you have the right to appeal by first asking the council for a Statement of Reasons and a reconsideration, then appealing to an independent tribunal within one month of the reconsideration decision.
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.
Final decision
We will not investigate Mr X’s complaint because there is a right of appeal to a housing benefit tribunal.
Investigator's decision on behalf of the Ombudsman