Summary: We will not investigate this complaint about a housing benefit overpayment because there is a right of appeal to a tribunal.

The complaint

1. Ms X complains that the Council has failed to properly consider evidence she has provided about a housing benefit 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 Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has determined that Ms X has been overpaid housing benefit. She says that told the Council of her changes of circumstances at the time.
7. The Council recently advised her of her right of appeal to a tribunal.
8. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

9. We will not investigate Ms X’s complaint because she has a right of appeal t a tribunal.

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Investigator's decision on behalf of the Ombudsman