The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s advice for Department Work and Pensions benefits. We cannot investigate their actions.
The complaint
Mr X says the Council provided him with inaccurate and poor welfare benefits advice and support.
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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Department of Work and Pensions (DWP). (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by Mr X which included the Council’s response to him in April 2023.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he received advice and support from the Council’s welfare benefits advice service. He says the service opened a Tribunal appeal against the DWP on his behalf in December 2022. He says the service failed to handle this properly. He says this mean he has not received the right benefits and has experienced added stress.
The result of the Council’s welfare benefits advice is the DWP benefits he received, which we cannot investigate. This means we also cannot investigate the Council’s welfare benefits advice which led to those benefits.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate the DWP’s decisions.
Investigator's decision on behalf of the Ombudsman