Summary: We will not investigate this complaint about the Council’s decision the complainant had been overpaid in housing benefit and needed to repay it. This is because the complainant could reasonably ask the Council to carry out a review of the decision, as well as appeal to the First-Tier Tribunal (Social Chamber). We have not jurisdiction to investigate in these circumstances.

The complaint

1. The complainant (Miss Q) complains the Council falsely claimed she owes money having been overpaid in housing benefit. She says the Council’s decision deduct money from her wages is wrong. In summary, Miss Q says the alledged fault has had huge impact on her caused to her financial difficulty. As a desired outcome, she wants the Council to review the matter and putter better checks in place.

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The Ombudsman’s role and powers

2. 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 per-son making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. 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).

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How I considered this complaint

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

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My assessment

5. Decisions about overpayments in housing benefit have certain review and appeal rights. Miss Q can ask the Council to carry out a review of its decision and has the option to appeal directly to an independent First-Tier Tribunal. The Council has offered to do a stage two review in relation to Miss Q’s reasons disputing the overpayment decision. In my view, it would be reasonable for Miss Q to request a review by the Council and/or appeal to the First-Tier Tribunal which considers disputes in relation to housing benefit. Generally, it is not the role of the Ombudsman does resolve disputes about benefits. We have no jurisdiction to investigate this complaint in the circumstances.

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Final decision

6. We will not investigate this decision. This is because the restrictions I outline at paragraphs two and three (above) apply.

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Investigator's decision on behalf of the Ombudsman