Summary: We will not investigate this complaint about an overpayment of housing benefit. This is because the complainant could have used her right of appeal and the complaint is late.

The complaint

1. The complainant, who I will refer to as Mrs X, complains the Council has billed her for an overpayment of housing benefit in 2015. Mrs X says she is being chased for the overpayment which was made through no fault of her own. Mrs X would like our service to consider the actions of the Council.

Back to top

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. 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)
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by Mrs X including her comments in response to my draft decision. I also considered information provided by the Council and the Ombudsman’s Assessment Code.

Back to top

My assessment

7. In 2015, the Council informed Mrs X about an overpayment of housing benefit. Mrs X was advised of her appeal rights in December 2015.
8. If someone disagrees with a decision that they must repay an overpayment, they can appeal to the tribunal. Our service does not make benefit decisions and it is reasonable to expect Mrs X to have appealed because the tribunal is the appropriate body to consider housing benefit disputes.
9. Further, a decision on the overpayment was made in December 2015 and I see no reason why a complaint about this matter could not have been made to this office within 12 months of the matter arising. The complaint is therefore also late.

Back to top

Final decision

10. We will not investigate this complaint because Mrs X could have used her right of appeal to the tribunal and the complaint is late.

Back to top

Investigator's decision on behalf of the Ombudsman