Summary: We cannot investigate this complaint about the Council’s decision to create an ‘overpayment’ of Housing Benefit. This is because the complainant has already used her appeal to the specialist Housing Benefit tribunal.

The complaint

1. Ms X complains about the Council’s decision to recover housing benefit it paid her for two years between 2015-2018.
2. She says the error was made by the Council so it should not be recovered from her now.

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The Ombudsman’s role and powers

3. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals including decisions to recover overpayments. (The Social Entitlement Chamber of the First Tier Tribunal)
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

Assessment

6. I have no powers to investigate as Ms X has already used her legal right to appeal to the specialist tribunal. This applies even if she lost her appeal.

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Final decision

7. I cannot investigate Ms X’s complaint as she has already appealed to the Housing Benefit tribunal.

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Investigator's decision on behalf of the Ombudsman