Summary: We will not investigate this complaint about a housing benefit overpayment because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not write off a housing benefit overpayment. He says the overpayment goes back to 2002 and, due to his age, it is unlikely he will be able to repay the full amount. He also says the Council has not responded to his request for a statement of the debt. Mr X wants the Council to write off the balance of the overpayment.

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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 person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

4. The Council raised a housing benefit overpayment in 2004 due to undisclosed income from 2002. The Council raised another overpayment in 2015 caused by undisclosed income from 2013. The current balance of the overpayment is about £6961 and Mr X is making payments of £5 per week.
5. The Council declined Mr X’s request to write off the overpayment. It said he did not appeal against the overpayments when they were raised. The Council said it would not write off such a large overpayment which was caused by claimant error.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. It considered Mr X’s request to write off the balance and explained why it would not do so. It correctly pointed out that if Mr X disputed the overpayments he could have used his appeal rights in 2004 and 2015. Mr X did not appeal so the overpayment stands, and the Council is entitled to pursue recovery of the full amount.
7. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
8. The Council told me that, due to an internal communication issue, it did not send the statement to Mr X about the overpayment. It will now send the statement. Whilst frustrating for Mr X, this is not an issue which needs an investigation, not least because he is aware of the balance and is making repayments.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman