Luton Borough Council (23 003 149)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 27 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about housing benefit decisions because there was a right of appeal to a tribunal.
The complaint
- Ms X says her housing benefit was stopped in March 2022 but she was not told until September 2022.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council says that Ms X’s housing benefit was stopped in February 2022 following new information from the HMRC. The Council says she was sent a letter notifying her of this with her right of appeal. A further letter was sent to her in June 2022 notifying her of an overpayment of housing benefit. Ms X responded to that letter.
- Ms X made a new claim for housing benefit in October 2022 which was refused as no supporting evidence had been provided. Ms X submitted further evidence in November but the Council says that some evidence was still required before a decision could be processed. Ms X is aware of what further evidence is required.
- I am satisfied that Ms X was aware of the decision to recover an overpayment (which was triggered by the decision to stop her housing benefit in February 2022). She could make an appeal to a tribunal up to 13 months after a Council decision and so I see no reason why an appeal regarding either the decision to stop benefit or the recovery of that benefit) could not be made. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Investigator's decision on behalf of the Ombudsman