City of Wolverhampton Council (25 010 442)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Not upheld
Decision date : 03 Dec 2025
The Ombudsman's final decision:
Summary: Miss X complained about how the Council pursued her for a debt related to overpaid housing benefit. We have ended our investigation as the Council has agreed not to pursue Miss X for the debt, therefore there is no worthwhile outcome achievable by our investigation.
The complaint
- Miss X complains about the way the Council pursued her for an overpaid housing benefit debt from 2016. Miss X says this has caused her real uncertainty and distress.
The Ombudsman’s role and powers
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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 or continue an investigation if we decide:
- any injustice is not significant enough to justify our involvement; or
- further investigation would not lead to a different outcome; or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
How I considered this complaint
- I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
- Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
What happened
- In April 2025 the Council wrote to Miss X to notify her she owed it a debt for overpaid housing benefit it had paid her in 2016.
- Miss X complained to us in August 2025, saying she was not previously aware of the debt and was not in a position to be able to repay it.
- During the course of our investigation the Council told us it had now decided not to pursue the housing benefit overpayment.
Analysis
- As a publicly funded body, we must be careful how we use our resources. If I investigated and found fault the most, I would be likely to recommend is that the Council agrees not to pursue Miss X for the debt. As the Council has now decided not to pursue Miss X, there is insufficient personal injustice to warrant an investigation. I see no good reason to justify continuing my investigation into Miss X’s complaint as there is nothing more I could achieve by further investigation.
Decision
- I have ended my investigation as there is no worthwhile outcome achievable by investigating this complaint.
Investigator's decision on behalf of the Ombudsman