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. Mr X complains the Council is at fault expecting him to pay back an overpayment of housing benefit since 2018. He says their special circumstances - his son’s autism and epilepsy - were not fairly taken into account by the Council.

Back to top

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)

Back to top

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 Mr X of his right of appeal to the specialist tribunal after it considered and turned down his appeal. So we will not investigate as it was reasonable to expect him to use his right of appeal to the specialist tribunal.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman