The Ombudsman's final decision
Summary: We will not investigate this complaint about Ms X’s housing benefit claim as she can appeal to a tribunal.
The complaint
Ms X complains about the Council’s decision to refuse her housing benefit claim.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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
Ms X says that she made a claim for housing benefit in August 2021 but this was refused. She says that the Council wrongly took her son’s benefit into account.
Any dispute about housing benefit entitlement can be appealed to a tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
We will not investigate Ms X’s complaint because she can appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman