Summary: We will not investigate this complaint about the Council’s decision Mr X should not have received housing benefit. It is reasonable for Mr X to use his right of appeal to a tribunal.

The complaint

1. Mr X complained the Council wrongly asked him to repay a housing benefit overpayment from a time when he was caring for his father and wasn’t working. He says the matter has caused him distress and he wants the Council to decide he was eligible for housing benefit for the period in question.

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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 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied for housing benefit for a period where he was caring for his father and not working. The Council paid him housing benefit, but later decided he should not have been eligible. It therefore considers it has overpaid Mr X and has told him he will need to pay it back. Mr X says this is incorrect as he declared all relevant circumstances at the time and he should be eligible.
6. Mr X has the right to appeal to HM Courts and Tribunals Service. It is open to him to ask the Council to send his appeal.
7. The tribunal is an independent expert body whose decisions are binding on the Council. It would be reasonable to make an appeal to the tribunal in this case as there is no good reason for us to consider the complaint instead.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman