The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council dealt with an application for housing benefit. This is because the complainant has appealed the Council’s decision to a tribunal.
The complaint
The complainant, who I will call Mr X, complains about how the Council has dealt with his application for housing benefit while he was studying. Mr X says the Council’s decision to end his benefit has left him in financial hardship.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal. (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
I cannot investigate Mr X’s complaint. This is because he has appealed the Council’s decision regarding his housing benefit to a tribunal which will be considering his case in the coming weeks. The Ombudsman is unable to consider complaints when someone has appealed to a tribunal.
Final decision
We will not investigate Mr X’s complaint because he has appealed to a tribunal about the matter.
Investigator's decision on behalf of the Ombudsman