Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s recovery of an alleged overpayment of housing benefit. This is because if Mrs X wants to challenge the Council’s decision it is reasonable for her to appeal to the tribunal.

The complaint

1. Mrs X complains about the Council’s recovery of an alleged overpayment of housing benefit.

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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 Mrs X’s complaint to the Ombudsman and the information she provided. I gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. The Council says Mrs X has been overpaid housing benefit. Mrs X says this was due to her receiving a promotion at work. Mrs X says her Working Tax Credits and Child Tax Credits were recalculated, but not her housing benefit. Mrs X wants the Council to write off the overpayment. Housing benefit is dealt with by local councils – but Tax Credits are dealt with by HM Revenue and Customs for central government.
6. 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 Mrs X should not appeal to the tribunal. It can decide if the Council has acted appropriately and if Mrs X should repay the overpayment.

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Final decision

7. The Ombudsman will not investigate Mrs X’s complaint. This is because it is reasonable for Mrs X to appeal to the tribunal

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Investigator's decision on behalf of the Ombudsman