Summary: The Ombudsman will not investigate Ms B’s complaint that the Council has miscalculated her entitlement to housing benefit and has decided she has been overpaid. This is because Ms B may appeal to the Social Entitlement Chamber and it would be reasonable for her to do so.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council has miscalculated her entitlement to housing benefit, and has decided she has been overpaid.

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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 cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I have considered what Ms B has said in support of her complaint and in response to my draft decision.

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What I found

6. Ms B complains that the Council has miscalculated her housing benefit entitlement from 2017 to 2019. As a result, is decided that she has been overpaid. It issued a demand for repayment in May 2019. Ms B says the Council has since issued a number of decisions and housing benefit is not currently in payment. She wants the Council to write off the debt and pay her the housing benefit she believes she is entitled to.
7. The Ombudsman will not investigate Ms B’s complaint because it concerns whether she has been overpaid housing benefit and whether the alleged overpayment is recoverable. These are not matters for the Ombudsman.
8. If Ms B disputes the decisions the Council has made, she has the right to appeal to the Social Entitlement Chamber. Where appeal rights exist, the Ombudsman normally expects them to be used. Ms B may use her right to appeal and it would be reasonable for her to do so.
9. In response to the Ombudsman’s draft decision, Ms B says she has appealed. If she has appealed unsuccessfully to the Council, she may appeal to the Social Entitlement Chamber and the Ombudsman would expect her to do so. If she has already appealed to the Social Entitlement Chamber, the Ombudsman cannot consider the matter by law.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Ms B to use her right to appeal.

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Investigator's decision on behalf of the Ombudsman