Summary: We will not investigate this complaint about benefit overpayments. The Council has now offered a reasonable remedy and Ms X had a right of appeal to a tribunal.

The complaint

1. Ms X complains the Council is unfairly seeking repayment of an overpayment of housing benefit, even though she says the overpayment occurred because the Council did not act on information, she provided about a change in her circumstances. She says this means she is due to repay them £2,700.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
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)

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How I considered this complaint

5. I considered information provided by the complainant. I contacted the Council, which supplied a copy of its overpayment notification letter dated 21 December 2020 and gave me further information.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X receives housing benefit and says in 2019 she told the Council of a change in her household. She says the Council told her in January 2022 it intended to recover an overpayment it had made between 2019 and 2020.
8. During my involvement the Council told me it will no longer look to recover the overpayment. It said it will tell Ms X of this decision.
9. As the Council will not now recover the overpayment, there is no longer any unremedied injustice to Ms X. Our investigation would not be likely to add anything significant to the remedy already on offer and, therefore, it would not be proportionate for us to investigate the matter.
10. Even if the Council had not offered this remedy, Ms X had the right to appeal to a tribunal about the Council’s intention to recover the overpayment. I consider it would have been reasonable for Ms X to have used her right of appeal before the Council changed its position. The Council’s letter explained the right to request a review and to appeal to a tribunal. The tribunal is an expert body, and its decisions are binding on the Council.

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Final decision

11. We will not investigate Ms X’s complaint because the Council has offered a sufficient remedy and because there was a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman