Summary: We will not investigate this complaint about an overpayment of housing benefit the Council is asking Mrs X to pay back. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Mrs X was informed of her legal right to appeal to the specialist tribunal that deals with housing benefit appeals if she disagrees with the creation of the overpayment and it would have been reasonable to expect her to appeal.

The complaint

1. Mrs X complains the Council has not properly explained to her why it is asking her to pay back an overpayment of housing benefit.

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The Ombudsman’s role and powers

2. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. 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

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

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Investigator's decision on behalf of the Ombudsman