Summary: We will not investigate this complaint about the Council not complying with an order of the First-Tier Tribunal to back pay housing benefit. This is because the Council has referred the matter back to the First-Tier Tribunal for added clarity and consideration. We cannot investigate a complaint which is subject to proceedings in a tribunal or court of law.

The complaint

1. The complainant (Ms R) complains about the Council’s failure to comply with a Tribunal decision to award backdated housing benefit to her. She also complains about the closure of a housing benefit claim and issues relating to income and how this has been assessed for the purposes of determining housing benefit.
2. In summary, Ms R says the alleged fault has meant the Council has caused her significant distress and uncertainty. She also feels her human rights have been violated due to the alleged failings and that she has suffered harassment from the Council. As a desired outcome, Ms R wants the Council to pay her all her housing benefit, as well as compensation for her human rights been infringed.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended).
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. The matters raised by Ms R in relation to her housing benefit have been referred back to the First-Tier Tribunal (Social Entitlement Chamber) for greater clarity and further consideration. The Council says the Tribunal dates have not been set yet but the Tribunal will correspond with the Complainant to advise her once it has decided a hearing date. We have no jurisdiction to investigate a complaint which is subject to Tribunal proceedings. We have no discretion in this respect.

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Final decision

7. We will not investigate this complaint because we cannot investigate a matter which is subject to proceedings in a tribunal or court of law.

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Investigator's decision on behalf of the Ombudsman