Summary: We will not investigate Ms X’s complaint that the Council has failed to explain a debt arising from an overpayment of housing benefit. I am satisfied the Council has explained the debt, the possibility of a further challenge, and the need for an arrangement to pay. The overpayments arose in 2017 and 2019. We will not investigate because legally Ms X had appeal rights and complains late having known about the debt more than 12 months.

The complaint

1. Ms X complains the Council has sent her a demand for £3178.09 due to an overpayment of benefit and failed to reply to her requests to explain the debt. Ms X says she has been told the debt arose in 2015-17 or 2016-19. Ms X says she has one wage supporting a family of four and she has had to stop paying the repayments which she cannot afford. Ms X says the situation is causing her anxiety and stress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

3. 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)
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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. 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)

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How I considered this complaint

7. I have considered Ms X’s information and comments. I have clarified the position with the Council which has written to Ms X, following my request, to explain the overpayment.

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What I found

8. Ms X contacted the Council on 30 September, 27 October and 3 November 2020 asking for an explanation of the debt. The Council says it also had emails on 10 February and 23 February 2021. The Council wrote to Ms X on 22 March 2021 following my enquiry to it.
9. The Council’s information shows Ms X’s overpayment of benefit was £4862.04 arising from notifications sent on 2 November 2017 and 27 July 2019. The Council says £1,683.95 was recovered from Ms X’s housing benefit (she is no longer in receipt and is working). This leaves a debt of £3,178.09.
10. The Council has advised Ms X she may be able to make a late appeal against the overpayment. It has advised her to contact its debt management team to agree an arrangement to pay.
11. Ms X says she on 1 April 2021 she hand delivered to the Council a review request form but she has not had a reply. She has emailed the Council on 8 April and recently asking for a reply to her review request.

Analysis

12. I will not investigate Ms X’s complaint for the following reasons:
13. The overpayments of benefit are outside the Ombudsman’s jurisdiction for two reasons:
14. Ms X had a right of appeal against the overpayments to the benefits tribunals if she wanted to contest the debt or the decision to recover (see paragraphs 3 and 4 above). I consider it reasonable for Ms X to have used her rights of appeal because the tribunal has the power to change the decision.
15. Matters which Ms X knew about before February 2020 are outside the Ombudsman’s jurisdiction because Ms X complains late and outside the permitted period of 12 months (paragraph 6). Ms X was aware of the overpayments because she says she was previously paying some of the debt and the Council has confirmed it was deducting the debt from benefit. I consider Ms X could have complained sooner.
16. The Council has appropriately explained the debt and advised Ms X on the way forward. Ms X can request the Council supply a financial hardship form and explain her situation if she wishes to pay a lower amount than it demands. The Council should then consider her circumstances before deciding what amount it can recover.
17. I will ask the Council to reply to Ms X about the review form which she delivered to it in April 2021 and which she has since chased up by email to the Council.

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Final decision

18. The Ombudsman will not investigate Ms X’s complaint the Council has failed to explain a debt arising from an overpayment of benefit. I am satisfied the Council has explained the debt, the possibility of a further challenge, and the need for an arrangement to pay. The overpayments arose in 2017 and 2019. We will not investigate because legally Ms X had appeal rights and complains late having known about the debt for more than 12 months.

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Investigator's decision on behalf of the Ombudsman