Summary: We will not investigate this complaint about housing benefit and council tax reduction overpayments. This is because it is reasonable to expect Mrs X to appeal the Council’s decisions to the Tribunal.

The complaint

1. Mrs X complained the Council notified her about housing benefit overpayments and sent her high council tax bills with no explanation. This caused her distress. Mrs X says the Council handled her complaint poorly and she considers it has discriminated against her.

Back to top

The Ombudsman’s role and powers

2. We provide a free service, but must use public money carefully. We do not start or continue 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)).
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).
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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. In November 2024 the Council revised Mrs X’s housing benefit and council tax reduction. It sent her housing benefit overpayment letters for over £10,000 and her council tax bill increased to more than £1000.
9. In December 2024 Mrs X complained the Council had not explained the reasons for the overpayments and the council tax bills. She said it discriminated against her as it had repeatedly requested information. This caused her severe anxiety.
10. The Council sent its final decision in March 2025. It accepted it had made errors in its assessment. But it said it had rectified these within a reasonable period of time and it had discussed the error with the officer. It said it had not discriminated against Mrs X when requesting information. The Council had revised its assessment and reduced the housing benefit overpayment to £4000. It had apologised for its assessment errors, but it said a financial remedy was not appropriate. However, it offered £100 as a remedy for its delay in responding to her complaint. I will not investigate as it would not lead to a different outcome.
11. The Council said it would send Mrs X a statement of reasons regarding its overpayment decisions and she could appeal if she remained dissatisfied.
12. Mrs X has the right of appeal to the First Tier Tribunal regarding the housing benefit decisions and to the Valuation Tribunal regarding the council tax reduction decisions. It is reasonable to expect her to appeal to the appropriate tribunal. Therefore, I will not investigate.
13. It is not proportionate to investigate a complaint about the Council’s complaint handling when we are not investigating the substantive matters.

Back to top

Final decision

14. We will not investigate Mrs X’s complaint because it is reasonable to expect Mrs X to appeal decisions to the relevant Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman