Summary: The Ombudsman will not investigate Mr X’s complaint about an overpayment of housing benefit. This is because it was reasonable for Mr X to use his right of appeal to the tribunal.

The complaint

1. Mr X complains about the way the Council dealt with an overpayment of housing benefit.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

7. The Council told Mr X it had overpaid him housing benefit. The matter has been to court and a liability order has been issued against Mr X. This means Mr X is required to repay the overpayment. Mr X says the overpayment was because of an error by the Council, and he should not have to repay the full amount.
8. Decisions about alleged housing benefit overpayments can be appealed to the tribunal detailed in paragraph 3. Parliament set up the tribunal to consider appeals about housing benefit and it is an expert impartial body. If Mr X felt he was not liable for the overpayment, or only part of it, then I see no reason he could not have appealed to the tribunal. The court has now decided Mr X is liable for the overpayment. The Ombudsman cannot consider what happens in court and we have no powers to question a court’s decision.

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Draft decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because it was reasonable for Mr X to use the appeal rights available to him.

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Investigator's decision on behalf of the Ombudsman