Summary: We will not investigate this complaint about a benefit overpayment as the original decision could have been appealed to a tribunal and is out of time. There is also not enough evidence of fault by the Council.

The complaint

1. Mr X says that between 2013 and 2015, the Council wrongly assessed his Housing Benefit claim, cancelled it without proper explanation or fair reconsideration, demanded repayment, and recovered the overpayment from his wife’s wages. The Council also continued pursuing Council Tax arrears, which caused him severe financial hardship. He says the assessment was incorrect, because his business was running at a loss. He seeks a review of the decision and financial redress.

Back to top

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 Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a Council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X received Housing Benefit between 2013 and 2015 while self-employed in a registered business.
9. In December 2014, the Council decided he had been overpaid Housing Benefit for March to December 2014 because he did not declare an increase in household income. Mr X also built-up Council Tax arrears between 2014-2022.
10. In 2015 Mr X was interviewed and he accepted a civil penalty in relation to the matter. The Council recovered the overpayment through ongoing housing benefit and when that ended it applied an attachment of earnings to Mr X’s wife’s wages.
11. The Council is entitled to seek an attachment of earnings order where a debt is owed to the Council. I am not satisfied that the Council’s actions in so doing are fault.
12. Mr X did not appeal against this decision to a tribunal at the time. The tribunal is an independent body which can decide any dispute about such decisions. I see no reason an appeal could not have been made in this case and so the complaint is out of jurisdiction.
13. In July 2025, Mr X complained to the Council about the 2014 overpayment and recovery of arrears and Council Tax, saying the Council ignored evidence, failed to explain its decision or appeal rights, and caused financial hardship. He asked for a review.
14. The Council refused, saying the request was over 10 years late, the original decision was correct, and Mr X was advised of his appeal rights at the time.
15. Mr X asked the Council to use its discretion and review the decision, despite the time lapsed, but the Council said it was out of time to request a formal or discretionary review.
16. We will not investigate Mr X’s complaint because he had a right of appeal to a tribunal, the complaint is out of time and there is not enough evidence of fault by the Council.

Back to top

Final decision

17. We will not investigate Mr X’s complaint because he had a right of appeal to a tribunal, the complaint is out of time and there is not enough evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman