The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s ending of a housing benefit claim in 2022. It was reasonable for Mr X to appeal the Council’s decision to the independent benefits tribunal. We cannot investigate his complaint about being served with a notice of seeking possession by his council landlord because we have no jurisdiction to investigate complaints by tenants about social housing landlords.
The complaint
Mr X says the Council ended his housing benefit claim in 2022 without giving him sufficient notice they had done so. As a result, his council rent account fell into arrears and the housing landlord served him with a notice of seeking possession. He wants the Council to re-instate the missing period of benefit , to remove the arrears and to withdraw the notice of seeking possession.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council ended his housing benefit claim in November 2022. It accepted when he complained that it had failed to notify him about what action to take, notably in claiming universal credit. His Council housing landlord served him with a notice of seeking possession because of arrears on his rent account.
Mr X complained to the Council in 2023 and in October it advised him to submit an appeal about the benefits decision which would be considered as a late request. It said he could ask for the decision to be sent to the independent benefits tribunal if it was negative. It also advised him of his right to complain to the Ombudsman.
Mr X did not complain to us until April 2024. He did not submit an appeal to the independent tribunal. We will not investigate complaints where there is a right of appeal to an independent tribunal, a government minister or a court. It may still be possible for him to submit an appeal request and only the tribunal can determine if the Council’s decision was correct.
We cannot investigate Mr X’s request that the notice of seeking possession be withdrawn. He is a social housing tenant and tenancy matters by social housing landlords are not within our jurisdiction. They fall within the remit of the Housing Ombudsman Service.
Final decision
We will not investigate this complaint about the Council’s ending of a housing benefit claim in 2022. It was reasonable for Mr X to appeal the Council’s decision to the independent benefits tribunal. We cannot investigate his complaint about being served with a notice of seeking possession by his council landlord because we have no jurisdiction to investigate complaints by tenants about social housing landlords.
Investigator's decision on behalf of the Ombudsman