Summary: We will not investigate this complaint about a housing benefit overpayment. This is because it is reasonable to expect the complainant to use her right of appeal to a tribunal.

The complaint

1. Ms X says the Council is unfairly recovering a housing benefit overpayment from 2021. She says the Council’s decision is wrong and she had already provided evidence in 2022 that she was not a student. The Council then reopened the case in 2024 with no explanation. She says Council has not taken account of information she sent recently about her income.

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).

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X complained to the Council regarding the matters in paragraph 1.
6. The Council replied explained its decision. It said it had reviewed the decision in November 2025 and while some evidence had changed the overpayment remained correct. It had sent Ms X information about its calculation and her right of appeal.
7. We will not investigate this complaint because it is reasonable to expect Ms X to appeal to the Social Entitlement Chamber. This is the body set up to deal with appeals about housing benefit decisions.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because she can appeal to a Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman