Summary: We will not investigate this complaint about housing benefit and Council tax support because there is a right of appeal to a tribunal.

The complaint

1. Mr X says that his claim for housing benefit and Council tax support was not properly considered.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

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

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My assessment

7. Mr X made a claim for housing benefit and Council tax support in November 2022. The Council asked for further evidence to support the claim. Mr X provided a bank statement but the Council said that this was insufficient to show what income Mr X had relied upon.
8. The Council asked Mr X for more evidence to support his claim which they say Mr X did not provide. The Council advised him that he can appeal the Council’s decision to refuse both Council tax support and housing benefit to a tribunal.
9. Mr X has since been told there is an overpayment of benefit to him but there is a right of appeal against this decision.
10. Only a tribunal can determine whether Mr X’s income is acceptable for both housing benefit and Council tax support. 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.

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Final decision

11. We will not investigate Mr X’s complaint because there is a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman