Summary: We will not investigate this complaint about a housing benefit overpayment. Miss X used her right to appeal to His Majesty’s Courts and Tribunals Service, which was reasonable. It is the tribunal, rather than the Ombudsman, that she should contact to explain the delay in appealing.

The complaint

1. Miss X complained the Council told her in October 2022 she needed to pay back overpaid housing benefit from 14 years prior. She says the Council sent correspondence to two wrong addresses, and she has been prevented from providing evidence because her appeal is considered too late now. She says the matter has caused her significant distress. She wants to be allowed to provide her evidence for consideration.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. When a council decides to pursue someone for a housing benefit overpayment, that person has the right to appeal the decision to His Majesty’s Courts and Tribunals Service. Miss X says the Council told her in October 2022 it intended to recover a housing benefit overpayment from 2009. She appealed this decision and the tribunal decided it was too late to consider her appeal.
7. Miss X says she did not know about the Council’s decision of 2009 until October 2022. She says the Council sent correspondence about the decision to incorrect addresses despite knowing she had moved home. Miss X has had the opportunity to make representations to the tribunal in this respect, however she did not do so. The tribunal therefore did not have the opportunity to consider Miss X’s reasoning for appealing several years after the decision.
8. Where someone has the right to appeal to a tribunal about a decision made by a council, we normally will not investigate the matter. I have considered whether it is reasonable in this case to investigate Miss X’s complaint, due to the tribunal not having had sight of Miss X’s reasoning for delay.
9. However, the law says people should bring complaints to us within 12 months of becoming aware of the matter, which in this case, on the balance of probabilities, was in 2009. We would not investigate the complaint in any event, and it is therefore reasonable for Miss X to present any further challenge the tribunal, rather than the Ombudsman. The tribunal is best placed to decide whether
   Miss X’s reasons for delay are valid, and whether it should therefore review its decision. There is not a good reason for the Ombudsman to consider the complaint instead.

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Final decision

10. We will not investigate Miss X’s complaint because it is reasonable for her to pursue her appeal with His Majesty’s Courts and Tribunals Service, rather than the Ombudsman.

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Investigator's decision on behalf of the Ombudsman