Summary: We will not investigate this complaint about an overpayment of Housing Benefit. This is because the complainant has already appealed to the specialist Housing Benefit tribunal. We have no legal power to investigate.

The complaint

1. Miss X complains about the Council’s decision to recover overpaid housing benefit from her ongoing weekly housing benefit. She says the Council’s mistake caused her to be overpaid and she can’t afford the amount now being recovered.

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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. (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 the complainant and the Ombudsman’s Assessment Code.

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Final decision

6. I cannot investigate Miss X’s complaint as she has already appealed to the Housing Benefit tribunal. This places this complaint outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman