Summary: Mr X complains about the way the Council has dealt with an overpayment of housing benefit. The Ombudsman will not investigate this complaint because there is a right of appeal to a tribunal.

The complaint

1. Mr X complains about the way the Council has dealt with an overpayment of housing benefit.

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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. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant provided comments on a draft of this decision.

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My assessment

7. Mr X says that the Council caused an error which led to an overpayment of housing benefit. He says that the Council has reduced the amount but not written the sum off.
8. Any dispute about recovery of housing benefit can be appealed to a tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
9. I appreciate that the whole matter has been distressing for Mr X but the tribunal is the only body that can decide whether or not an overpayment is recoverable.

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Final decision

10. We will not investigate this complaint because there is a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman