Summary: We will not investigate Ms X’s complaint about the Council’s actions to recover an overpayment of housing benefit and its response to her information request. There is insufficient evidence of fault to warrant an investigation. The Information Commissioner’s Office is better placed to consider a complaint about information rights or data protection.

The complaint

1. Ms X complains the Council has unlawfully instructed the Department of Work and Pensions (DWP) to make a deduction from her benefits to recover a housing benefit overpayment. She says the deductions are causing distress and financial hardship. She also complains about the Council’s handling of her Subject Access Request. She wants the Council to instruct the DWP to stop the deductions, confirm it will not take further recovery action, refund her the money taken so far and make corrections to its records to ensure they are accurate.

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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
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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. We will not investigate this complaint. The law allows councils to ask the DWP to recover a housing benefit overpayment by deduction from certain benefits. There is no time limit for this recovery action to take place. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
7. We will also not investigate her complaint about the Council’s response to her subject access request and the accuracy of its records. The Information Commissioner’s Office (ICO) is the UK regulator for information rights and data protection. If Ms X is dissatisfied with the Council’s response to her information request or any request she has made for it to update or correct her records, the ICO is better placed to consider a complaint about this.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation. The ICO is better placed to consider a complaint about information rights or data protection.

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Investigator's decision on behalf of the Ombudsman