Summary: Ms X complains about the Council’s decision to recover an overpayment of housing benefit. The Ombudsman will not investigate this complaint because she can appeal to a tribunal.

The complaint

1. Ms X complains about the Council’s decision to recover an overpayment of housing benefit.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (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. 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)

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How I considered this complaint

5. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.

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What I found

6. Ms X says that she was told in April 2019 that she had been overpaid housing benefit. She says that the Council was at fault for not noting the overpayment at the time and stopping it.
7. Ms X wrote the Council challenging the decision in May. The Council reviewed its decision but declined to alter it as it said it was based on her declared earnings.
8. Ms X has the right of appeal to a tribunal if she wishes to pursue her dispute over the Council’s decision. The Tribunal is an independent expert body and its decisions are binding on Councils. I see no reason why an appeal could not have been made.

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Final decision

9. The Ombudsman will not investigate this complaint because she can appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman