Summary: We will not investigate Miss X’s complaint about the Council’s decision and handling of her housing benefit claim because it is reasonable for Miss X to appeal to the tribunal.

The complaint

1. Miss X complains the Council did not handle her housing benefit claim correctly and its responses were delayed and inaccurate. She says that the Council refused to state how it calculated the overpayment.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by Miss X and the Council. I also considered our Assessment Code.

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My assessment

5. The Council wrote to Miss X in October 2023 to tell her about a housing benefit overpayment. The letter told her how to appeal and the deadline. The Council sent another overpayment decision letter in February 2024. Miss X made a reconsideration request regarding the February 2024 decision. The Council reviewed the case but did not change the decision. Miss X says she did not receive the reconsideration decision.
6. Miss X made a complaint to the Council. As part of the complaint response the Council could not say if the reconsideration letter was sent in February 2024. The Council agreed to resend the decision from February 2024 but there is no evidence Miss X received it until March 2025. This letter told Miss X how she could appeal the Council’s decision to the tribunal.
7. I will not investigate this complaint because it is reasonable for Miss X to appeal to the tribunal about this and any other overpayments she has been asked to repay. Miss X could also have used her appeal rights to dispute any other housing benefit decision she disagreed with.
8. It is not proportionate to investigate Miss X’s complaints about the Council’s delay and poor communication when I am not investigating the substantive matter.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable for her to appeal.

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Investigator's decision on behalf of the Ombudsman