Bassetlaw District Council (20 008 232)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Closed after initial enquiries

Decision date : 05 Jan 2021

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint that the Council entered his home in 2018 without permission and is seeking to recover a housing benefit overpayment of some £15,000. Mr X complains late about events in 2018. The Social Security Tribunal is to hear his appeal against the Council’s housing benefit decision.

The complaint

  1. Mr X complains that the Council’s housing benefit officers entered his home in April 2018 without his permission or without an appointment and failed to leave when asked to do so. He says the visit caused distress and the Council should provide him with mental health support.
  2. Mr X complains that the Council is seeking to recover an overpayment of housing benefit and sends him invoices for the full amount.

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The Ombudsman’s role and powers

  1. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
  2. 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)
  3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
  4. 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

  1. I have considered Mr X’s information, comments and reply to my draft decision statement. The Council has provided information about its benefit decisions and a communication from the First Tier Tribunal dealing with Mr X’s appeal. I have considered the complaint correspondence.

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What I found

  1. The Council is Mr X’s landlord. In April 2018 it visited Mr X to interview him regarding possible benefit fraud. The Council coincided the visit with one by a utility company because it had had difficulty arranging an interview with Mr X. The Council says Mr X gave permission to enter and did not ask the officers to leave. It later formally interviewed Mr X about the suspected benefit fraud under the Police and Criminal Evidence Act 1984. The Council says during the interview it advised Mr X he could complain about the visit. The Council decided not to prosecute Mr X for benefit fraud.
  2. In May 2018, the Council cancelled Mr X’s benefit claim. It notified Mr X there was an overpayment of benefit of more than £15,000 for the period 22 October 2012 to 8 April 2018. The Council says, on 10 March 2020 Mr X wrote to it appealing the decision to cancel his housing benefit. On 18 June, the Council wrote to Mr X confirming its position and advising he might be able to make a late appeal to the benefit tribunal.
  3. On 15 December 2020 the First Tier Tribunal (Social Security) wrote to the Council and confirmed it will hear Mr X’s appeal against the housing benefit decision. The Council tells me it has put the housing benefit debt recovery action on hold pending the outcome of the appeal. It says Mr X has not complained to it about the debt recovery actions. It says council tax is not an issue because it decided Mr X is entitled to an exemption.
  4. The Council says Mr X did not complain about its home visit between April 2018 and March 2020. The Council replied to his complaints in September and November 2020. The Council advised Mr X he could complain to this office. The Council emailed Mr X offering the involvement of a social worker and referral to the community and voluntary service following his request for support.
  5. Mr X’s reply to my draft decision statement says the Council entered his home unlawfully in 2018 and he told the officers it was ‘not a good time’ to visit. He says he has not complained to the Ombudsman sooner because the Council did not tell him he could.

Analysis

  1. I will not investigate Mr X’s complaint for the following reasons:
  2. The complaint about the 2018 home visit is outside the Ombudsman’s jurisdiction because Mr X complains late, outside the permitted period of 12 months (see paragraph 4 above). I will not exercise discretion to investigate because Mr X could have complained sooner. He appears to have delayed pursuing the matter with the Council. I do not consider it would be a good use of limited public resources to investigate.
  3. We cannot investigate the Council’s decision to end Mr X’s entitlement to housing benefit and/or to seek recovery of an overpayment. The complaint is outside our jurisdiction because Mr X has appealed to the First Tier Tribunal which will deal with the case (see paragraphs 5,6, and 10).
  4. A complaint about debt recovery is premature to this office because Mr X has not complained to the Council or not completed its complaint procedure. Mr X can complain to the Council about debt recovery, for example if it resumes and causes him a problem, following the housing benefit appeal outcome.

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Final decision

  1. The Ombudsman will not investigate Mr X’s complaint that the Council entered his home in 2018 without permission and is seeking to recover a housing benefit overpayment of some £15,000. Mr X complains late about events in 2018. The Social Security Tribunal is to hear his appeal against the Council’s housing benefit decision.

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Investigator's decision on behalf of the Ombudsman

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