Summary: Mr X complains about the Council’s decision to recover overpaid housing benefit. We will not investigate this complaint because there as a right of appeal to a tribunal.

The complaint

1. Mr X complains about the Council’s decision to recover overpaid housing benefit.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision.

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My assessment

7. Mr X says that the Council has demanded repayment of £10,311 for housing benefit overpaid between 2014 and 2017 because he had not notified the Council of the dates when his children lived with him.
8. Any dispute about recovery of overpaid housing benefit can be appealed to a tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Final decision

9. I do not intend to investigate this complaint because there is a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman