Summary: The complaint is about the Council asking Miss B to repay benefits. The Ombudsman cannot pursue this complaint because of Miss B’s appeal rights.

The complaint

1. Miss B complains about the Council demanding she repay housing benefit and council tax reduction. She finds this unfair and reports it will cause financial difficulty.

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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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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. 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

6. I considered the information Miss B provided. I obtained copies of correspondence and some information from the Council. I gave Miss B the opportunity to comment on my draft decision.

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What I found

7. Miss B received housing benefit and council tax reduction at her previous address. She left that address due to domestic violence.
8. The Council later told Miss B that, after she left her previous address, it had overpaid her housing benefit by £5313.12 and her council tax reduction by £64.55. It asked her to repay both amounts. Miss X disagrees she should have to repay.
9. Miss B has, or had, the right to appeal to the tribunals mentioned in paragraphs 4 and 5 above. So the restriction in paragraph 3 applies. The tribunals have the expertise to consider appeals and the power to change the Council’s decisions if they see fit. Miss X was aware she could challenge the Council’s decisions. She is receiving support from an advice agency. So I consider it reasonable to expect Miss X to appeal or to have appealed. Therefore I shall not pursue this complaint.

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Final decision

10. The Ombudsman cannot investigate this complaint. This is because Miss B can appeal and it would be reasonable to do so.

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Investigator's decision on behalf of the Ombudsman