Summary: We will not investigate this complaint about an overpayment of housing benefit as there was a right of appeal to a tribunal and the matter is out of time.

The complaint

1. Ms X complains about a recovery of housing benefit.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says that she was told in 2017 that the Council intended to recover housing benefit from her. She disputed the matter at the time but did not appeal the decision. She also complained to the Council in 2021.
8. Any dispute about recovery of an overpayment could be appealed to a tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would have been reasonable to pursue an appeal in this case.
9. Further, Ms X was aware of the Council’s decision in 2017. I see no reason why a complaint could not have been made to this office within 12 months of that date and so the matter is out of jurisdiction.

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Investigator's decision on behalf of the Ombudsman