Summary: Mr X complains about the Council’s housing benefit decision regarding an overpayment of housing benefit in 2016. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.

The complaint

1. Mr X complains about the Council’s housing benefit decision regarding an overpayment of housing benefit in 2016.

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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 have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

5. Mr X says that the Council recovered an overpayment of housing benefit from him in 2016 which he disputes.
6. Any dispute about entitlement to, or recovery of, housing benefit is a matter which could have been appealed to a tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would have been reasonable to pursue an appeal in this case.

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Final decision

7. I will not investigate this complaint because he could have appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman