Summary: We cannot investigate this complaint about a housing benefit overpayment because the complainant appealed to the tribunal.

The complaint

1. The complainant, Mrs X, complains about a housing benefit overpayment. She says the Council should seek repayment from the tenants.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 Mrs X and the Council. I also considered our Assessment Code.

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My assessment

6. The Council says it passed Mrs X’s overpayment appeal to the tribunal in January and sent the appeal bundle to Mrs X.
7. The law says we cannot investigate any matter that is the subject of an appeal to the tribunal. Mrs X has appealed to the tribunal which means we cannot start an investigation. This restriction applies regardless of the outcome of the appeal

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Final decision

8. We cannot investigate this complaint because Mrs X has appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman