Erewash Borough Council (19 018 481)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 12 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss X’s complaint about the Council’s recovery of an overpayment of housing benefit. This is because if Miss X wants to challenge the Council’s decision it is reasonable for her to appeal to the tribunal.
The complaint
- Miss X complains about the Council’s recovery of an overpayment of housing benefit.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered Miss X’s complaint to the Ombudsman and the information she provided. I gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- The Council says Miss X has been overpaid housing benefit. Miss X says this only happened because of mistakes by the Council. Miss X want the council to write off the overpayment.
- 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. 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 Miss X should not appeal to the tribunal. It can decide if the Council has acted appropriately and if Miss X should repay the overpayment.
Final decision
- The Ombudsman will not investigate Miss X’s complaint. This is because it is reasonable for Miss X to appeal to the tribunal
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman