Summary: We cannot lawfully investigate Ms X’s complaint the Council decided in 2019 to recover an overpayment of housing benefit. Ms X used her right of appeal to the benefits tribunal.

The complaint

1. Ms X complains the Council is recovering an overpayment of housing benefit for 2015 to 2019. Ms X says the Council was at fault for delaying years in dealing with information she provided and therefore it should not recovery the overpayment. Ms X says the Council caused her stress and harm to her mental health. She wants the Council to cancel the overpayment, notified in August 2019, and accept that it arose due to its error.

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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 about the same matter. 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. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered information and comments provided by the complainant and Council. The information includes correspondence with the Council and the benefit tribunal letter dated 15 April 2020.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. We cannot lawfully investigate the Council’s decision of August 2019 to recover an overpayment of £11,325 because Ms X used her right of appeal to a tribunal (see paragraphs 2 and 4 above). 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). The Tribunal wrote to the Council, in April 2020, and informed it that Ms X had withdrawn her appeal. This does not affect our position. Ms X tells me she discussed her decision with the Tribunal who advised she could/should continue her appeal.
8. In August 2020, the Council notified Ms X of its decision to recover further overpayments of £17,979. A complaint about that decision is outside the Ombudsman’s jurisdiction because Ms X had a right of appeal to a tribunal (see paragraphs 2 and 3). The Council’s notification includes appeal rights. It was reasonable for Ms X to appeal given she had previously done so. Ms X tells me she is not challenging this overpayment because it arose due to her error. The Council’s information shows it is aware of her decision.

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Final decision

9. We cannot lawfully investigate Ms X’s complaint the Council decided in 2019 to recover an overpayment of housing benefit. Ms X used her right of appeal to the benefits tribunal.

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Investigator's decision on behalf of the Ombudsman