Ombudsman calls on council to tackle backlog of benefits cases waiting to be referred to Tribunal
The Local Government and Social Care Ombudsman (LGSCO) has urged Luton Borough Council to clear a backlog of 68 benefits appeals that are waiting to be referred to the Social Entitlement Chamber of the First-Tier Tribunal.
This follows an LGSCO investigation into the case of a woman whose housing benefit was cancelled by the council in 2017, but the appeal was only referred to the Tribunal in 2023.
The Ombudsman said it should have taken no more than four weeks.
The investigation uncovered the backlog of 68 appeals waiting to be referred, the oldest of which dated back to 2019.
Amerdeep Somal, Local Government and Social Care Ombudsman, said: “The council told me it has been aware of the problem for a long time, and it first assigned resources to address it four years ago, but despite this it has not been able to eliminate the backlog.
“The council now says that because of the action it is taking, it should be able to clear the backlog within six months.”
She added: “Although the woman at the centre of the complaint had her appeal rejected, there is a possibility that some of the people within the 68 still waiting to be referred to the Tribunal will have their appeal upheld, and will therefore have been without the benefits they have been entitled to for a prolonged period.
"I am pleased the council has accepted the faults I have identified, and the improvements it will now put in place should ensure other people in the Luton area will have their appeals forwarded promptly to the Tribunal.”
The Ombudsman said the council had agreed to pass the remaining backlog of appeals to the Tribunal, prioritising appeals where the decision impacts the claimant’s current entitlement to Housing Benefit. It will also review the resources available to its appeals team.
A Luton Council spokesperson said: “The council has offered an unreserved apology to the complainant for the uncertainty, frustration and distress caused by the unacceptably long delay referring her housing benefit decision appeal to tribunal.
“While the council’s original housing benefit decision was upheld, the length of time it took to forward it to tribunal was not acceptable. It falls far short of the standards we set ourselves and showed weaknesses in our internal processes which has also caused delays to other residents who have appealed their decisions.
“We have significantly tightened up our processes and employed more staff, and are committed to clearing the backlog within four months.”
Harry Rodd
