The Ombudsman's final decision
Summary: We will not investigate this complaint about a cancellation of housing benefit as there is a right of appeal to a tribunal.
The complaint
Ms X complains that the Council cancelled her housing benefit without giving an opportunity to argue her case.
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 her housing benefit was cancelled despite her submission of supporting documents.
Any decision to cancel housing benefit 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.
Investigator's decision on behalf of the Ombudsman