The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions regarding housing benefit for tenants as they can be appealed to a tribunal.
The complaint
The complainant is a Housing Association who say that there are inconsistencies when seeking housing benefit for additional care support for tenants. They say that some tenants receive the housing benefit whilst others have had to appeal to a tribunal.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says that the tenants have not been placed there by the Council and there is no agreement between them and the complainant about such placements. As such they argue that each case has to be considered on its own merit. Any dispute can be appealed to a tribunal.
Only a tribunal can determine whether housing benefit is payable and at what rate; the Ombudsman cannot do this. Any case which has been appealed is out of our jurisdiction.
Final decision
We will not investigate the complaint because they can, and have, been appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman