Summary: We will not investigate this complaint about the Council’s recovery of a housing benefit overpayment. Miss X had an alternative remedy, and it would have been reasonable for her to use it.

The complaint

1. Miss X complains the Council is pursuing a housing benefit overpayment. Miss X says she never received notification of overpayment until it was too late to exercise her appeal rights. Miss X also complains the Council did not apply discretion to waive the overpayment, as it relates to a period in which she was housed in unsafe accommodation.
2. Miss X wants the Council to write off the overpayment charge.

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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. 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)

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How I considered this complaint

5. I considered information provided by Miss X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Most housing benefit decisions come with the right to appeal to the independent benefits tribunal, after the person has asked the Council to reconsider its decision.
8. The Council gave Miss X notification of its overpayment decision, and Miss X promptly engaged with the Council on this matter. I have seen nothing to suggest it would not be reasonable for Miss X to complete the appeals process, and I will not therefore exercise my discretion to investigate her complaint.

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Final decision

9. We will not investigate Miss X’s complaint because it would have been reasonable to expect her to use her tribunal appeal rights.

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Investigator's decision on behalf of the Ombudsman