Summary: The Ombudsman will not investigate Mr X’s complaint that the Council delayed in sending his appeal, against its decision to recover a housing benefit overpayment, to the Social Security Tribunal. The complaint cannot be investigated because Mr X has used his right of appeal to the Tribunal.

The complaint

1. Mr X complains the Council delayed 17 months in forwarding his appeal to the Social Security Tribunal. The appeal was against the Council’s decision that Mr X owed it £3876 due to an overpayment of housing benefit.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (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)

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How I considered this complaint

4. I have considered Mr X’s information, comments and have spoken to him by telephone. The information includes the Tribunal’s decision, the Council’s reply to his complaint and the Ombudsman’s last decision on this matter dated May 2018 (18000563).

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What I found

5. In February 2018 the Council notified Mr X that there was a recoverable overpayment of housing benefit. Mr X sent the Council an appeal which was not signed. The Council treated it as a request for a review and, on 23 April, sent him an explanation upholding its decision.
6. In May 2018 the Council received a signed appeal which it sent to the Tribunal on 13 August 2019. In October 2019 the Tribunal refused Mr X’s appeal and upheld the Council’s overpayment decision. It says money Mr X received from 3rd parties cannot be disregarded. The Council has told Mr X to pay the money by 30 November or face debt collection.
7. The Council’s complaint reply apologises to Mr X for the delay sending his appeal to the Tribunal and for any inconvenience. The letter does not explain why it took the Council 15 months to send the signed appeal to the Tribunal. In May 2018 the Council told me, in reply to my enquiry, that it had put a hold on recovery action.

Analysis

8. The Ombudsman will not investigate Mr X’s complaint for the following reasons:
1. The Ombudsman cannot investigate this complaint because Mr X has used his right of appeal to the Social Security Tribunal (see paragraph 2 and 3 above).
2. There is no other injustice or complaint which can be separated from the benefits actions and decision. The Council has not taken debt recovery action against Mr X. He has had the benefit of monies to which he is not entitled.

Decision

9. The Ombudsman will not investigate Mr X’s complaint that the Council delayed sending his appeal to the Social Security Tribunal. The complaint cannot be investigated because Mr X used his right of appeal to the Tribunal.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman