Bolton Metropolitan Borough Council (19 003 319)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 16 Jul 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss X’s complaint about the Council’s recovery of an alleged overpayment of housing benefit. This is because if Miss X disagrees with the Council’s decision it is reasonable for her to appeal to the tribunal.
The complaint
- Miss X complains the Council says she has been overpaid housing benefit. The Council wants Miss X to pay back the overpayment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Miss X disagrees with the alleged overpayment of housing benefit. She says the Council wrongly considers her to be a full-time student. Miss X has asked the Council to reconsider its decision about the overpayment.
- If Miss X is unhappy with the Council’s decision, she can appeal to the tribunal I refer to in paragraph 4. The tribunal is the appropriate body to decide if there has been an overpayment and if Miss X should repay it. The tribunal is an expert, impartial body, set up by parliament to consider such matters. It is in a much better position than the Ombudsman to consider Miss X’s concerns. I see no reason Miss X should not use the appeal rights available to her.
Final decision
- The Ombudsman will not investigate Miss X’s complaint. This is because it is reasonable for Miss X to use the appeal rights available to her.
Investigator's decision on behalf of the Ombudsman