Summary: The Ombudsman cannot investigate this complaint about a housing benefit overpayment because the complainant appealed to the tribunal. In addition, it is a late complaint and there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says he should not have to repay a housing benefit overpayment from 2015 because it was the responsibility of his former partner. He wants a refund and for the Council to cancel the overpayment.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6), as amended)
5. 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)
6. 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

7. I read the complaint and the Council’s response. I considered the appeal bundle and the tribunal decision. I also considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

8. Mr X claimed housing benefit. He lived with a partner and her son. In 2015 the Council asked Mr X to repay a housing benefit overpayment of £7095. The overpayment arose due to changes in the income of his partner’s son. The Council explained Mr X’s appeal rights. Mr X queried the reason for the overpayment. In early 2016 the Council wrote to explain how and why the overpayment arose. The Council collected some of the overpayment.
9. The Council notified Mr X of a new overpayment in November 2016. This arose due to changes in Mr X’s income.
10. Mr X’s housing benefit ended in 2016. The Council sent an invoice and reminder for the outstanding overpayment. Mr X did not respond to the reminder and in 2018 the Council set up direct deductions from his pay. The law allows councils to recover an overpayment by getting deductions from someone’s salary. The Council is continuing to collect the overpayment through direct deductions.
11. In 2019 Mr X appealed to the tribunal. He said there had been delay by the Council and that the tenant, his ex-partner, was responsible for the overpayment. The Council dismissed the appeal. It said the appeal was late and the Council had correctly notified Mr X of the overpayment in 2015.

Assessment

12. I cannot start an investigation because Mr X appealed to the tribunal. The law says the Ombudsman cannot investigate any matter that has been considered by the tribunal. The tribunal did consider Mr X’s points but decided the overpayment had been correctly issued in 2015 and that his appeal was late. Mr X continues to assert that the bulk of the overpayment is nothing to do with him and is the responsibility of his ex-partner. But, as the tribunal found that the Council had correctly served the overpayment demand on Mr X I cannot intervene.
13. I also will not start an investigation because Mr X could have appealed to the tribunal in 2015 or 2016 if he thought the overpayment was wrong. It is reasonable to expect him to have appealed because the tribunal is the appropriate body to consider housing benefit disputes.
14. In addition, this is a late complaint. Mr X has been aware of the overpayment since 2015 but he did not complain to the Ombudsman until 2018. I have not seen any good reason to accept such a late complaint. The tribunal found that Mr X was correctly notified of the overpayment and could have appealed on-time.
15. I also will not start an investigation because there is insufficient evidence of fault by the Council The overpayment has been outstanding since 2015 and the law allows councils to recover an overpayment by getting deductions from someone’s pay. I appreciate there was a delay between 2016 and 2018, when the deductions started, but this just means Mr X is repaying the money at a later date. His main complaint is that he does not think he should have to repay any money.

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Final decision

16. I cannot start an investigation because the tribunal considered the appeal and Mr X could have made an on-time appeal. In addition, this is a late complaint and there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman