London Borough of Croydon (19 018 630)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 14 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Miss X’s complaint about a housing benefit overpayment. This is because Miss X has appealed to the tribunal and so the complaint is outside the Ombudsman’s jurisdiction.
The complaint
- Miss X complains about her housing benefit claim and an alleged overpayment of benefit.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal. (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)
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered Miss X’s complaint to the Ombudsman and the information she provided. I also 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 disagrees with the Council and appealed to the tribunal referred to in paragraph 4. Miss X’s appeal was unsuccessful. Miss X says she was not able to properly present her case due to health issues. The Council has said its complaints process cannot be used to overturn the tribunal’s decision The Council also says it told Miss X’s MP in August 2018 that if she was unhappy with the tribunals’ decision, she would need to contact the tribunal directly.
- The exception at paragraph 3 applies to Miss X’s complaint. Because Miss X has appealed to the tribunal, the complaint is outside the Ombudsman’s jurisdiction. Even if Miss X had not appealed to the tribunal, paragraph 5 would apply. Miss X’s complaint is late, and I see no reason she could not have complained to the Ombudsman much sooner.
- If Miss X believes she has new evidence, which shows the Council has made an official error, then she should contact the tribunal for advice.
Final decision
- The Ombudsman cannot investigate Miss X’s complaint. This is because Miss X has appealed to the tribunal and the complaint is therefore outside the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman