Summary: We will not investigate this complaint about the recovery of housing benefit overpayments because it was reasonable for Ms X to appeal to the tribunal.

The complaint

1. Ms X complains the Council is recovering disputed benefit overpayments. She also complains the Council’s complaints process has been ineffective and there has been poor communication.

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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 provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. The Council decided it had overpaid Ms X’s housing benefit. It wrote to Ms X outlining reasons for the decision and how to appeal.
9. I will not investigate this complaint because it was reasonable for Ms X to appeal to the tribunal if she disputed the overpayment or disagreed with the amount.
10. The Council told Ms X it would recover the debt by taking payment from her wages. The Council is entitled to do so by law. I will not investigate as there is not enough evidence of fault.
11. It is not proportionate to investigate Ms X’s complaint about the Council’s complaint process and poor communication when I am not investigating the substantive matter.

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Final decision

12. We will not investigate Ms X’s complaint because it was reasonable for her to appeal.

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Investigator's decision on behalf of the Ombudsman