Summary: We will not investigate this complaint about housing benefit. That is because it is reasonable for the complainant to appeal to the Social Security Appeal Tribunal.

The complaint

1. Mr X complained the Council had incorrectly calculated his wife’s, Ms X’s housing benefit entitlement. He said because of that, it had reduced the housing benefit paid which had resulted in rent arrears. He said the Council as their social landlord, had made them agree to a repayment plan they could not afford. He wants the Council to review its housing benefit decision.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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)
5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

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

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My assessment

8. We will not investigate Mr X’s complaint about housing benefit. That is because the Tribunal considers appeals on the amount of benefit awarded and the Council’s consideration of income and capital. The Council has informed Ms X of her appeal rights. It is therefore reasonable for Ms X to appeal to the Tribunal if she disagrees with how the Council has calculated their housing benefit entitlement.
9. We cannot investigate any complaints about the repayment plan the Council has set up with Mr and Mrs X for their rent. That is because Mr and Ms X are council tenants. The law says we cannot investigate complaints about the Council where it is acting as a social landlord.

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Final decision

10. We will not investigate Mr and Ms X’s complaint because it is reasonable for them to appeal to the Social Security Appeal Tribunal.

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Investigator's decision on behalf of the Ombudsman