Summary: We will not investigate this complaint about the Council’s recent decision to recover a housing benefit overpayment which arose in 2016. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is a right of appeal against the Council’s decision.

The complaint

1. Miss X complains about the Council’s recent decision to recover a housing benefit overpayment which occurred in 2016.
2. She wants the Council to admit the way it has dealt with the matter is a shambles and to close the file.

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The Ombudsman’s role and powers

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 Miss X, including letters from the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Miss X’s complaint because it is reasonable for her to use her right to appeal against the Council’s most recent decision to recover the overpayment.

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Investigator's decision on behalf of the Ombudsman