The Ombudsman's final decision
Summary: We will not investigate this complaint about housing benefit as there is a right of appeal to a tribunal.
The complaint
Ms X complains that the Council has reduced her housing benefit.
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)
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 has been reduced and capped. She disputes the calculations.
Any dispute about the amount of housing benefit that can be paid can be appealed to a tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she could appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman