Summary: We will not investigate this complaint about the Council’s decision in 2020 that there was a recoverable overpayment of housing benefit. It was reasonable for Ms X to use her remedy of challenging the decision at the Social Security Tribunal. The Council has now reviewed and cancelled the overpayment.

The complaint

1. Mrs Y complains for Ms X the Council is wrongly pursuing an overpayment of housing benefit. Ms Y says the Council has ignored evidence about the dependent status of one of Ms X’s children who was at college. Ms Y says they knew about the problem in January 2021 when a demand for payment was received. Ms X has suffered stress, harm to her health, and has given up work.
2. Ms Y complains the Council has not replied to her July complaint about the poor service and communication difficulties.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 have considered Mrs Y’s information and comments and discussed the complaint with her by telephone. I have clarified the position with the Council which as supplied a copy of its overpayment notification dated 14 November 2020 and its letter, 26 November 2021, explaining the decision to cancel the overpayment.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The complaint is outside the Ombudsman’s jurisdiction because Ms X had a right of appeal to a tribunal against the overpayment decision (see paragraph 3 and 4 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)
8. I consider it reasonable for Ms X to have used her right of appeal. The Council’s notification explained the right of review and appeal to a tribunal. The family knew about the overpayment in January and they could have got a copy of the notification if they did not have one. The Tribunal is the specialist body established to deal with such disputes and has the power to change the Council’s decision.
9. The Ombudsman will not normally investigate complaint handling or communications when the substantive matter is not being investigated or is out of jurisdiction. There is no reason to do so here given the correct way of challenging the benefit decision is via review and appeal.
10. The Council has cancelled the overpayment and apologised because it was at fault. It says it was an error to treat Ms X’s child as a non-dependent for the period of the claimed overpayment once Ms X informed it of his educational position and she was in receipt of child benefit.

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Final decision

11. The Ombudsman will not investigate this complaint about the Council’s decision in 2020 there was a recoverable overpayment of housing benefit. It was reasonable for Ms X to use her remedy of challenging the decision at the Social Security Tribunal. The Council has now reviewed and cancelled the overpayment.

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Investigator's decision on behalf of the Ombudsman