London Borough of Bromley (23 016 387)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 27 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the payment of housing benefit as there is a right of appeal to a tribunal.
The complaint
- Ms X complains that the Council refused to increase housing benefit payments for the supported accommodation her organisation provides.
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 organisation provides supported accommodation to people who then claim housing benefit to pay for that accommodation. She says that they had to increase their charges in February 2023 to reflect increased costs. However, the Council refused to pay the increase arguing that the increase was unreasonably high.
- Any decision of a Council to relating to the payment of housing benefit can be appealed to a first tier tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Investigator's decision on behalf of the Ombudsman