Summary: The Ombudsman will not investigate this complaint about the Council’s decision to recover an overpayment of housing benefit. The complainant has a right of appeal to a tribunal against the Council’s decision.

The complaint

1. The complainant, who I refer to here as Mr Y, has complained the Council has decided he must repay an overpayment of housing benefit.

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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. It 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)

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How I considered this complaint

3. I have considered what Mr Y said in his complaint.

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What I found

4. Mr Y says the Council has decided it paid him too much housing benefit and that he should pay it back.
5. Mr Y has a right of appeal to the Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) against the Council’s decision.

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Final decision

6. I have decided we will not investigate this complaint. This is because there is no exceptional reason Mr Y should not appeal against Council’s decision to the Social Entitlement Chamber.

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Investigator's decision on behalf of the Ombudsman