Summary: We will not investigate this complaint about the Council’s decision to create an ‘overpayment’ of Housing Benefit. This is because it was reasonable to expect the complainant to appeal to the specialist Housing Benefit tribunal.

The complaint

1. Mrs X complains the Council was at fault leading to its decision that she must pay back housing benefit. She says it failed to process her change of circumstances information properly.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by the complainant and the Ombudsman’s Assessment Code. I also read the Council’s response.
5. The Council informed Mrs X of her right of appeal to the Social Entitlement Chamber via its decision letter. So we will not investigate as it was reasonable to expect her to use her right of appeal to the specialist tribunal.

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Final decision

6. I will not investigate Mrs X’s complaint as it was reasonable to expect her to appeal to the Housing Benefit tribunal.

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Investigator's decision on behalf of the Ombudsman