Summary: Miss X complains the Council failed to correctly assess the sum of her Housing Benefit overpayment. We will not investigate the complaint at this stage, as it is reasonable to expect Miss X to appeal to a tribunal.

The complaint

1. Miss X complains that the information provided to her by the Council regarding her Housing Benefit was confusing and lead to an overpayment. The Council partially upholds that some of the communications were confusing.
2. Miss X also complains that when calculating her Housing Benefit overpayment, the Council failed to consider the sum of money she is now paying back for an overpayment of Working Tax Credits.
3. Miss X believes the Housing Benefit overpayment amount should be reduced.

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The Ombudsman’s role and powers

4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has advised Miss X that she can appeal her Housing Benefit overpayment with the Tribunal and complain to us regarding the administration of her claim.
8. However we should not be investigating a matter which is being heard by a tribunal at the same time and it is reasonable for Miss X to appeal to the Tribunal.
9. If there are elements of Miss X’s claim that the Tribunal says it cannot address, Miss X can ask us to consider the Council’s actions again once the Tribunal has concluded.

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Final decision

10. We will not investigate the complaint at this stage, as it is reasonable to expect Miss X to appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman