Summary: We cannot investigate this complaint about a housing benefit overpayment because the complainant has appealed to the tribunal and the appeal is now concluded.

The complaint

1. The complainant, whom I refer to as Ms X, said that she was treated unfairly by the Council in the way her Housing Benefit overpayment was handled. Ms X finds it unfair that her appeal was struck out by the tribunal.

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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 a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), 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

5. I considered information provided by Ms X, reviewed the tribunal decision and referred to our Assessment Code.
6. The complainant had an opportunity to comment on my draft decision. She provided additional documents which I reviewed.

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My assessment

7. In January 2020 the Council notified Ms X of a housing benefit overpayment. The law says people should appeal within one month of a disputed benefit decision and no later than 13 months from the date of the decision.
8. In May 2021 Ms X lodged an appeal which was struck out by the tribunal as brought more than 13 months after the decision.
9. Mrs X has provided documents which, in her view, show fault in the way the Council calculated her housing benefit. These, however, are matters for the tribunal.
10. I cannot start an investigation because Ms X appealed to the tribunal and the matter has already been concluded through the appeal process. The law says we cannot investigate any issue that forms part of an appeal to the tribunal.
11. Ms X has explained that challenging life events meant her appeal was late. But the tribunal decided her appeal was late, and I cannot comment on this further.

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Final decision

12. We cannot investigate complaint because Ms X has appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman