Summary: We will not investigate this complaint about an overpayment of housing benefit. This is because we are satisfied with the actions the Council has taken to remedy the complaint.

The complaint

1. Mx Y complained the Council had begun enforcement action against them in October 2021 to recover housing benefit, which it said it had overpaid in 2011. Mx Y said this was unfair as they did not have records or documents from the time which show that the overpayment had not been made, causing them distress and worry.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
3. 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 an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information Mx Y and the Council provided and the Ombudsman’s Assessment Code and Guidance on Remedies.

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My assessment

5. The Council contacted Mx Y in October 2021. It told Mx Y it had overpaid housing benefit to them in November 2011, ten years before. It said Mx Y needed to return approximately £225 to the Council. Mx Y told the Council in July 2022 that they did not accept that there had been an overpayment. However, Mx Y explained they were unable to evidence this due to the passage of time, with no records having been kept for ten years.
6. The Council replied in August, saying the calculation had been made correctly. Mx Y then contacted us. We contacted the Council, asking it to provide any further correspondence about Mx Y’s complaint. The Council said it had not considered a complaint from Mx Y in its complaint process but had now responded. Within its response, it said it would cancel the overpayment claim and would not pursue Mx Y for the £225.

Analysis

7. The Council has now cancelled its claim for Mx Y to return the overpayment monies. It has confirmed in writing that it will not pursue Mx Y for the amount. This was the outcome Mx Y told us they were seeking when they approached us in August 2022. We would consider this a suitable remedy to Mx Y’s complaint so we will not investigate this further.
8. Any remaining injustice would relate to the upset Mx Y experienced. This is not significant enough to justify our involvement in this matter so we will not investigate.

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Final decision

9. We will not investigate Mx Y’s complaint because we are satisfied with the actions the Council has taken to remedy the complaint.

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Investigator's decision on behalf of the Ombudsman