Summary: We will not investigate this complaint about a housing benefit overpayment. This is because there is not enough evidence of fault by the Council to warrant an investigation about the handling of the overpayment. There is not enough remaining injustice regarding the Council’s explanation to justify our involvement.

The complaint

1. Ms X says the Council did not clearly explain the reasons for a housing benefit overpayment. She believed the Council owed her a refund.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, (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 the complainant and the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Ms X moved from Council accommodation to different Council accommodation. Before she moved the Council overpaid housing benefit because her rent decreased. The Council recovered the overpayment by deducting it from further housing benefit payments. The matter was complicated by an overlapping period of four days where Ms X was liable for two tenancies.
5. In its final response the Council explained it was entitled to recover the technical housing benefit in the way it did. It also explained the overlap in the tenancies which meant Ms X had a rent debit on one account. However, it apologised that it had not explained more clearly at stage one why it was recovering the overpayment.
6. There is not enough evidence of fault by the Council to warrant investigation of the recovery of the overpayment.
7. The Council apologised that it could have explained the overpayment more clearly. There is not enough remaining injustice to justify our involvement.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant investigation about the overpayment and there is not enough remaining injustice regarding the explanation the Council gave to justify our involvement.

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Investigator's decision on behalf of the Ombudsman