Three Rivers District Council (25 017 629)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 16 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a housing benefit overpayment because there was a right of appeal to a tribunal.
The complaint
- Mr X complains that the Council has unfairly sought recovery of an overpayment of housing benefit.
The Ombudsman’s role and powers
- 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)
- 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).
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council asked him to repay an overpayment of housing benefit for a period more than 6 years ago (2017).
- Any dispute about recovery of housing benefit carries a right of appeal to a tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction. Only a tribunal can decide if the overpayment recovery is statute barred or not recoverable for any other reason; the Ombudsman cannot do this.
- If Mr X was aware of the overpayment more than 12 months ago then the matter would be out of time for investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because there is a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman