Summary: We cannot investigate this complaint about a housing benefit overpayment. This is because the complainant appealed to the tribunal and there were other appeal rights he could have used.

The complaint

1. The complainant, whom I refer to as Mr X, disputes a housing benefit overpayment from 2016.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. 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

6. I considered information provided by Mr X and our Assessment Code.

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My assessment

7. The Council asked Mr X to repay a housing benefit overpayment which arose from a benefit award in 2016.
8. Mr X appealed to the tribunal. The tribunal confirmed part of the overpayment. The Council reassessed the other part and reduced the overpayment. The Council gave Mr X new appeal rights and sent Mr X a revised invoice for £664.
9. Mr X says that if the Upper Tribunal refuses permission for him to appeal he will have to take legal action. Mr X says he will incur costs if he takes legal action.
10. Mr X continues to dispute the overpayment and says the Council ignored evidence he submitted.
11. I cannot investigate this complaint because Mr X appealed to the tribunal. The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal. This restriction applies even though the person may disagree with the tribunal decision.
12. The Council reduced the overpayment. I do not know if Mr X appealed against that decision but we will not investigate the reduced overpayment because Mr X has either used his appeal rights or could have done. We expect people to use their appeal rights because the tribunal is the appropriate body to consider appeals against overpayment decisions. The tribunal is free to use and the Council told Mr X about his appeal rights.

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Final decision

13. We cannot investigate this complaint because Mr X appealed to the tribunal and could have used his appeal rights for any other benefit decision he disagreed with.

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Investigator's decision on behalf of the Ombudsman