Summary: We will not investigate Miss X’s complaint about the Councils actions in recovering a Housing Benefit overpayment. This is because it is reasonable to expect Miss X to use, or to have used, her tribunal appeal rights. 

The complaint

1. Miss X complains the Council wrongly held her liable for a Housing Benefit overpayment from 2013–2014 and has unfairly pursued recovery of the debt. She says these actions caused her significant distress, anxiety, and fear of enforcement. Miss X wants the Council to:

• stop recovery action;
• write-off the alleged overpayment;
• correct its records;
• apologise to her; and,
• confirm it will take no further action.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

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. Miss X claimed Housing Benefit at a former address between 2013-2014.
7. The Council it received information in 2014 from the landlord that Miss X no longer lived at the property since late 2013, so it ended her Housing Benefit claim and sought to recover the overpayment. The debt remained unpaid and the Council made multiple unsuccessful attempts to recover it between 2015 and 2025. In June 2025 it finally was able to make contact with Miss X about the debt.
8. Miss X says she first became aware of the alleged overpayment when the Council contacted her in June 2025. She disputes that she owes the amount and believes the Council cannot lawfully begin recovery action after such a long period.
9. The Council says Miss X was aware of the overpayment because she disputed it in October 2014, but Miss X disagrees this happened. The Council maintains its recovery action is lawful and advised Miss X, if she believes she does not owe the overpayment, she may submit an out-of-time appeal, providing sufficient reason why she did not formally appeal the overpayment earlier.
10. We will not investigate Miss X’s this complaint, because decisions about Housing Benefit overpayments, including whether an overpayment occurred and who is liable, carry a right of appeal to the First-tier Tribunal. The Tribunal is the appropriate body to consider evidence and determine liability. It is reasonable to expect Miss X to have used this right, even if by making a late appeal.

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Final decision

11. We will not investigate Miss X’s complaint because it is reasonable to expect Miss X to use, or to have used, her tribunal appeal rights. 

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Investigator's decision on behalf of the Ombudsman