Summary: Ms X disputes the amounts of housing benefit recovered and repaid by the Council. We will not investigate this complaint because she appealed (and could appeal) to a tribunal and there is no evidence of fault by the Council.

The complaint

1. Ms X disputes the amounts of housing benefit recovered and repaid by the Council.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. I considered the complainant’s comments on my draft decision.

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My assessment

8. Ms X says that the Council sought to recover housing benefit overpayments from 2017 to 2018. She appealed (or asked for a review) and the Council altered some of their decisions to make the payments unrecoverable.
9. The Council audited Ms X’s account and several other overpayments were deemed recoverable after that time. The Council has provided a detailed account of all payments made and recovered.
10. Any decision to recover an overpayment is appealable (and was appealed) and is not therefore a matter the Ombudsman can investigate.
11. The Council has given detail of all overpayments and how they have been repaid (where appropriate) into Ms X’s account. In the absence of specific evidence to show that this was not the case, the Ombudsman would not investigate this complaint.

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Final decision

12. I do not intend to investigate this complaint because there was a right of appeal to a tribunal and there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman