Summary: The Ombudsman will not investigate Miss X’s complaint about an alleged overpayment of housing benefit. This is because Miss X’s complaint is late, and it was reasonable for Miss X to have appealed to the tribunal.

The complaint

1. Miss X complains about the Council’s decision to recover an alleged overpayment of housing benefit.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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)
5. 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

6. 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.

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What I found

7. Miss X complains that in 2016, the Council said she had been overpaid housing benefit dating back to 2013. Miss X disagrees with the Council’s decision.
8. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason why Miss X could not have complained much earlier, and so the exception at paragraph 3 applies to her complaint.
9. But even if Miss X’s complaint was not late, it is unlikely we would investigate. This is because decisions about housing benefit, including overpayments, can be appealed to the tribunal detailed in paragraph 5. When someone can appeal to a tribunal, we normally expect them to use that right, unless it is, or was, unreasonable for them to do so. I do not consider that to be the case here. I see no reason Miss X could not have appealed to the tribunal. It is an expert, impartial body, set up by Parliament, to allow people to challenge decisions about housing benefit.
10. It may be too late for Miss X to now appeal to the tribunal. But if Miss X believes she has new evidence, which shows the Council has made an official error, then she could send it to the Council and ask if it will review its decision. This could then trigger fresh appeal rights for Miss X.

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Final decision

11. The Ombudsman will not investigate Miss X’s complaint. This is because the complaint is late, and it was reasonable for Miss X to appeal to the tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman