Summary: The Ombudsman does not propose to investigate Mr X’s complaint about the Council’s recovery of an alleged overpayment of housing benefit. This is because if Mr X wanted to challenge the Council’s decision it was reasonable for him to appeal to the tribunal.

The complaint

1. Mr X complains about an alleged overpayment of housing benefit. Mr X disputes the amount the Council says it overpaid him.

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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 Mr X’s complaint to the Ombudsman and the information he provided. I 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

5. The Council says Mr X has been overpaid housing benefit. Mr X disputes this.
6. The Council says it has previously told Mr X he can ask it to reconsider its decision and appeal to the tribunal referred to in paragraph 3. It has explained such requests needed to be made within one month of the original decision - but that the Council can extend this period in special circumstances. Mr X can write to the Council to challenge its decision. This is likely to be considered a late request for a review.
7. The role of the Ombudsman is to look for administrative fault. We are not a right of appeal for people who disagree with a council’s decision about their housing benefit. As explained above, decisions about entitlement to housing benefit can be appealed to the tribunal I refer to in paragraph 3. The tribunal is an independent, expert body, set up by Parliament, as a way for the public to challenge decisions about housing benefit. When there is a right to appeal to a tribunal, the Ombudsman normally expects people to use this right, unless it is unreasonable for them to do so. I see no reason Mr X could not have previously appealed to the tribunal if he disagreed with the amount the Council said he had been overpaid. An investigation by the Ombudsman is not therefore appropriate.
8. If the Council accepts Mr X’s late request for a review, he can appeal to the tribunal if he is unhappy with the Council’s decision.

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Final 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