Summary: We will not investigate this complaint about benefit overpayments. This is because the complaint is late, the complainant has used her appeal rights and we cannot achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council has been creating benefit overpayments since 2007. She says the overpayments have affected her son. Ms X wants the Council to return all the money it has stolen from her.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and comments Ms X made in reply to a draft of this decision.

Back to top

My assessment

7. Ms X complains the Council has raised overpayments for council tax support and housing benefit since 2007. She says the last overpayment in 2020 had a negative impact on her son. Ms X wants the Council to return the money it has stolen from her and to admit accountability.
8. Ms X has appealed to the tribunal about some overpayments. The last overpayment was in October 2020 which was reduced to nil by the Council after Ms X asked for a revision.
9. I will not investigate this complaint for the following reasons. This is a late complaint. The last overpayment was created in October 2020 and Ms X did not complain to us until November 2021. And, for the same reason, we would not investigate complaints about overpayments from 2007 to 2020. I have not seen any good reason to accept a late complaint especially as there were appeal rights for Ms X to use.
10. The law says we cannot investigate matters that have been appealed to the tribunal. Ms X has appealed to the tribunal about some of the overpayments which means we cannot start an investigation. And, we would not investigate any overpayments that she did not appeal because Ms X could have used her appeal rights. It is reasonable to expect Ms X to appeal because the tribunal is the appropriate body to consider disputes about overpayments.
11. Finally, we have no power to ask the Council to return any money to Ms X. Only the tribunal could do that if Ms X made a successful appeal.

Back to top

Final decision

12. I will not start an investigation because this is a late complaint, there were appeal rights Ms X has and could use, and we cannot achieve the outcome she would like.

Back to top

Investigator's decision on behalf of the Ombudsman