Epping Forest District Council (21 008 947)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 17 Nov 2021
The Ombudsman's final decision:
Summary: We do not propose investigating Ms X’s housing benefit complaint. The reasons are in the assessment section below.
The complaint
- Ms X complains the Council has stopped her housing benefit and says there is a recoverable overpayment of £9000. Ms X says the Council gave her bad advice in February and told her she would not be entitled to benefit. Ms X says the Council’s overpayment figure is not correct. Ms X says the Council has caused her anxiety and depression. She has rent arrears and is struggling financially. She wants an apology and for the Council to cancel the overpayment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I have considered Ms X’s information and comments. The information includes the Council’s letter, dated 7 June 2021, explaining its housing benefit decisions.
- I considered the Ombudsman’s Assessment Code.
- The complainant now has an opportunity to comment on my draft decision. I will consider any reply before making a final decision.
My assessment
- I do not propose investigating this complaint for the following reasons:
- The complaint is outside the Ombudsman’s jurisdiction because Ms X has or had a right of appeal to a tribunal against the Council’s benefit decisions (see paragraph 2 and 3 above). 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)
- I consider it reasonable for Ms X to use her right of appeal because the Tribunal can change the Council’s decision regarding ongoing entitlement and the overpayment of benefit.
Draft decision
- Subject to any comments Ms X might make, my provisional view is we should not investigate this complaint. The reasons are above.
Investigator's decision on behalf of the Ombudsman