The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on Ms X’s housing benefit and council tax support claims. It was reasonable for her to appeal to the independent benefits tribunal and the Valuation Tribunal following a review by the Council.
The complaint
Ms X complained about the Council’s decision not to pay the full rental amount for her temporary accommodation. As a result, she says that she is in arrears with her rent account and this has affected her prospects for receiving permanent accommodation.
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) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says her housing benefit should cover her rent and council tax for the temporary accommodation which she was placed in by the Council. The Council changed her benefit amounts when it recalculated her account based on a rent increase and her income.
Mrs X complained about the decision and the Council advised her of her right to appeal to the independent benefits tribunal. It also told her she could ask for a review of her council tax support amount and if she remains dissatisfied can appeal to the valuation tribunal.
We will not investigate a complaint where it is reasonable for someone to use appeal rights available to seek a decision from an independent tribunal or government minister.
Final decision
We will not investigate this complaint about the Council’s decision on Ms X’s housing benefit and council tax support claims. It was reasonable for her to appeal to the independent benefits tribunal and the Valuation Tribunal following a review by the Council.
Investigator's decision on behalf of the Ombudsman