Summary: We will not investigate this complaint about steps the Council took to recover a housing benefit overpayment. This is because the Council has since reviewed the account and removed the overpayment debt. If the compalinant remains unhappy with the outcome he can use his appeal rights.

The complaint

1. The complainant, who I will refer to as Mr C, complains that the Council was at fault for trying to recover a housing benefit overpayment debt.

Back to top

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. 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)

Back to top

How I considered this complaint

5. I have considered the information Mr C submitted along with his complaint, the Council’s response and information it provided. I sent a draft version of this decision to Mr C and invited his comments.

Back to top

What I found

6. In 2019, Mr C was living in temporary accommodation and was in receipt of housing benefit. In August that year the Council suspended Mr C’s housing benefit as it believed that Mr C no longer lived at his address. It concluded that it has made an overpayment of housing benefit to Mr C which it considered he was liable for.
7. The Council started recovery proceedings against Mr C for the debt. Mr C complained and received a final response from the Council in April 2020, advising him that if he not agree that he was liable for the overpayment he could submit an appeal.
8. In January 2021, the Council arranged with Mr C’s employer to collect the debt via a Direct Earnings Attachment (DEA).
9. Since complaining to the Ombudsman, the Council carried out a review of his account. It concluded that housing benefit should have been paid during the period in question. It has now paid the benefit, effectively writing off the overpayment. It has also paid Mr C £150 in recognition of the inconvenience caused.
10. The Council has written to Mr C’s employer and informed them not to process any more payments under the DEA. Two further payments were processed by the employer, but the has arranged for these to be refunded back to Mr C.
11. Mr C wrote to Mr C with the outcome of its review. It explained if he remains dissatisfied, he can appeal the Council’s decision, he will then have the right of appeal to the tribunal.

Assessment

12. I will not investigate Mr C’s complaint about the Council’s decision to recover a housing benefit overpayment. This is because the Council has completed its review and he now has the right to appeal its decision with the Council and the tribunal. I consider it reasonable for him to use these appeal rights, because the tribunal is the appropriate body to consider housing benefit disputes.

Back to top

Final decision

13. I will not investigate this complaint. This is because Mr C has a right of appeal which I consider it reasonable for him to use.

Back to top

Investigator's decision on behalf of the Ombudsman