Swindon Borough Council (21 015 319)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 14 Feb 2022
The Ombudsman's final decision:
Summary: Ms X complains about eviction by the Council and recovery of an overpayment of housing benefit. The Ombudsman will not investigate this complaint because the eviction is a matter for the Housing Ombudsman and the overpayment can be appealed to a tribunal.
The complaint
- Ms X complains about eviction by the Council and recovery of an overpayment of housing benefit.
The Ombudsman’s role and powers
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I have also considered the complainant’s comment on a draft of this decision.
My assessment
- Ms X was evicted by the Council. Any complaint about eviction can be made to the Housing Ombudsman and is out of our jurisdiction.
- The Council says that she was overpaid housing benefit and has attempted to recover the amount.
- The Council wrote to her in January 2022 with a statement of reasons for the decision. She can now appeal to a tribunal if she disputes the decision.
- 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.
Fina decision
- We will not investigate this complaint because part of the complaint is for the Housing Ombudsman, and she has a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman