Summary: We will not investigate this complaint about housing benefit overpayments from more than ten years ago. This is because the complainant could have used her appeal rights, because part of the complaint is late, and because the complainant could contact the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council is trying to make her repay a false overpayment which arose more than ten years ago. Ms X wants the Council to stop pursuing her for a false overpayment and for it to remove all data about her from its systems.

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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 normally expect someone to refer the matter to the Information Commissioner (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
6. 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)

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How I considered this complaint

7. I considered information provided by Ms X and the Council. This includes the complaint response and information about the overpayments. I considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

8. If someone disagrees with a housing benefit decision they can appeal to the tribunal. The law says people should appeal within one month of the date of the decision they think is wrong. The tribunal can accept a late appeal up to 13 months from the date of the decision.
9. In 2009 and 2011 the Council asked Ms X to repay some housing benefit. In 2011 and 2012 Ms X made arrangements to repay the money. She repaid some of the overpayment.
10. In 2013 Ms X asked for a review. The Council reduced one of the overpayments and gave further review rights. Ms X did not ask for another review or appeal to the tribunal.
11. The Council asked Ms X to repay the outstanding amount. Ms X tried to appeal in 2022 but the Council said it was too late to appeal. The Council has asked Ms X to make a payment plan.
12. Ms X disputes the overpayments. She says she was not told of her appeal rights and also says her letters of appeal were ignored. Ms X wants the Council stop harassing her and to delete all the data it holds about her.
13. I will not investigate this complaint because Ms X could have used her appeal rights in 2009 and 2011. It is reasonable to expect Ms X to have appealed because the tribunal is the appropriate body to consider disputes about overpayments. The tribunal would have decided if Ms X had to repay the money. Ms X did not appeal so the overpayment stands and has to be repaid. We have no power to ask the Council to stop seeking payment from Ms X. She can, however, set up a payment plan and, if she maintains it, the Council would not need to keep contacting her.
14. Ms X says she was notified of her appeal rights but they are stated on all the decision letters. And, if Ms X disputed the overpayment she could have appealed or complained rather than making some repayments. Ms X also says the Council ignored her appeal and failed to give her a hardship payment. These issues are late complaints as the events occurred significantly more than 12 months ago and I have not seen any good reason to investigate events that occurred more than ten years ago.
15. We have no power to ask a council to delete someone’s data. If Ms X thinks the Council is not handling her data correctly she could contact the ICO. It is reasonable to expect her to do that because the ICO is the appropriate body to consider disputes about data handling.

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Final decision

16. We will not investigate this complaint because Ms X could have appealed to the tribunal and can contact the Information Commissioner. In addition, part of the complaint is late.

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Investigator's decision on behalf of the Ombudsman