Summary: We will not investigate this complaint about the way the Council recovered a housing benefit overpayment. This is because the problem has been resolved and there is nothing more we could achieve.

The complaint

1. The complainant, whom I refer to as Mr X, complained the Council takes different amounts to repay a housing benefit overpayment. Mr X wants the Council to take the same amount each week.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

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

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)

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How I considered this complaint

5. I considered information provided by Mr X and the Council. This includes information from the Council that Mr X has repaid the overpayment. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

6. Mr X has been repaying housing benefit overpayments for a few years. He complained the Council took different amounts. Mr X wanted the Council to take the same amount each week.
7. The Council says Mr X has repaid the overpayment in full and the last deduction was taken in September.
8. I will not investigate this complaint because the problem has been resolved. Mr X has repaid the overpayment so the Council will not take any more money. There is nothing that could be achieved by starting an investigation.
9. Mr X also disputes the overpayments. I will not investigate this issue because Mr X could have appealed to the tribunal. It is reasonable to expect Mr X to have appealed because the tribunal is the appropriate body to consider if someone has to repay an overpayment and whether the amount of the overpayment is correct. We do not make housing benefit decisions or decide whether an overpayment must be repaid.
10. Mr X says he has been trying to get information from the Council about how and why the overpayments arose. Mr X can complain to the Council if he does not think it has responded to his questions. We can only investigate a complaint once it has completed the Council’s complaints process.

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Final decision

11. I will not investigate this complaint because the problem has been resolved.

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Investigator's decision on behalf of the Ombudsman