Summary: We will not investigate this complaint about the Council’s handling of a housing benefit overpayment. There is not enough evidence of fault or significant injustice to warrant investigation. We cannot investigate rent arrears matters.

The complaint

1. Ms X says the Council has unfairly pursued recovery of a housing benefit overpayment from 2015. She says the Council sent confusing invoices and delayed in responding to her complaint.
2. Ms X also complains the Council has not explained the reasons for direct debit payments made to her rent account.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended).

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How I considered this complaint

6. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained to the Council about the matters set out in paragraphs 1 and 2.
8. The Council replied explaining the reasons for the housing benefit overpayment from 2015. It said it had recovered the overpayment by different methods. By April 2025 £1318 remained and it added it to its recovery system. However, the amount was spilt into different invoices. It apologised for the confusion caused by the invoices but did not agree it should waive the overpayment.
9. The Council explained the direct debit payments from Ms X to her rent account were not related to the housing benefit overpayment.
10. There is not enough evidence of fault by the Council in its handling of the housing benefit overpayment to warrant investigation. Even if we were to investigate the injustice from the unclear invoices and delayed responses is not significant enough to justify our involvement.
11. We cannot investigate Ms X’s complaint about direct debits that she paid to her rent account. This is because the law does not allow us to investigate these matters. Ms X can pursue a complaint against the Council’s rent collection department. She can then complain to the Housing Ombudsman.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault or significant injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman