Summary: We will not investigate this complaint about the Council’s decision Mr X has been overpaid housing benefit. Mr X has used his right of appeal, which is the appropriate route to challenge the decision. We cannot consider the matter.

The complaint

1. Mr X complained the Council wrongly calculated he had been overpaid Housing Benefit, which it is now trying to recover. He says he does not owe the amount the Council is requesting because he was not receiving the disability benefits the Council claims he was. Mr X says the matter is causing him risk of financial hardship and eviction. He says this has caused him and his child distress. He wants the Council to reverse its decision.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
3. 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)

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How I considered this complaint

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

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My assessment

6. Decisions about housing benefit overpayments are appealable to a first-tier tribunal. We would normally expect a person to use their right of appeal rather than bring the matter to us. In this case, Mr X used his right of appeal, which was the correct route to challenge the Council’s decision. When someone has already used their right of appeal, we have no power to consider the matter as well.
7. In any event, Mr X knew about the Council’s decision in September 2022. The law says people must complain to us within 12 months of becoming aware of the matter unless there is a good reason. Even if we could investigate the matter, we would not now do so as it is also late.

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Final decision

8. We will not investigate Mr X’s complaint because he used his right of appeal to tribunal.

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Investigator's decision on behalf of the Ombudsman