Summary: We will not investigate this complaint about an alledged failing by the Council to refer housing benefit appeals to the independent benefits tribunal. This is because the Council has confirmed the matters raised will be subject to appeals by the tribunal. On this basis, further investigation would not lead to a different achieve outcome.

The complaint

1. The complainant (Miss X) complains about the Council decision that she was overpaid housing benefit between 2008 and 2017 due to alledged fraud. She says the Council has failed to refer her appeal of the decision to the independent benefits tribunal (the First-Tier Tribunal).
2. In summary, Miss X says the alledged fault has caused her financial hardship and has had a significant and adverse effect on her wellbeing. As a desired outcome, Miss X wants the Council to refer her appeals to the First-Tier Tribunal.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the complainant, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. The law says we cannot normally investigate a complaint when someone has a right of 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 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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has confirmed it has put on hold recovery of the alledged overpayments of housing benefit made to Miss X pending the outcome of the appeals. It has confirmed the matters raised will therefore be subject to appeals in the First Tier Tribunal. On this basis, further investigation would not lead to a different achieve outcome.

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Final decision

8. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman