London Borough of Lambeth (19 003 410)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 24 Jul 2019
The Ombudsman's final decision:
Summary: The Ombudsman does not propose to investigate Miss X’s complaint about an alleged overpayment of benefits. This is because it is reasonable for Miss X to use the appeal rights available to her.
The complaint
- Miss X complains about the Council’s claim it has overpaid her housing benefit. The Council also says Miss X has wrongly received council tax support. Miss X is not happy with the Council’s decisions and wants it to recalculate her benefits.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- 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)
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 disputes the Council’s claim it has overpaid her housing benefit and that she has not paid enough council tax – due to the council tax support she has received. The Council has reconsidered Miss X’s case, but she is unhappy with the Council’s calculations.
- Decisions about alleged housing benefit overpayments can be appealed to the tribunal detailed in paragraph 2. The Valuation Tribunal considers appeals about council tax support. Parliament established these tribunals to consider appeals about benefits and they are expert impartial bodies. They are 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. An investigation by the Ombudsman is not therefore appropriate.
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
Investigator's decision on behalf of the Ombudsman