Summary: We will not investigate this complaint about the Council’s handling of a housing benefit overpayment. Mr X has used his right of appeal, which is the appropriate route to challenge the decision. We cannot consider the matter.

The complaint

1. Mr X complains about the Council’s handling of his complaints about the calculation of overpayments, recovery and refusal to write off the debt. He says the Council has blocked his access to independent tribunal.

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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)

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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. Decisions about housing benefit overpayments are appealable to a first-tier tribunal. This case has now gone to tribunal and so we have no power to consider the matter.

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Final decision

7. We will not investigate Mr X’s complaint because he has used his right of appeal.

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Investigator's decision on behalf of the Ombudsman