Summary: Ms X complains that the Council failed to correspond properly with her and she was overpaid housing benefit as a result. The Ombudsman will not investigate this complaint because this can be appealed to a tribunal.

The complaint

1. Ms X complains that the Council failed to correspond properly with her and she was overpaid housing benefit as a result.

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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)

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How I considered this complaint

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

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What I found

5. Ms X says that she started work in March 2019 and told the Council of this and provided details of her income etc. She says that the Council wrote to her about this to her old address which led to an overpayment of housing benefit.
6. Any dispute about recovery of an overpayment of housing benefit can be appealed to a tribunal. 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

7. I will not investigate this complaint because it can be appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman