East Suffolk Council (25 024 687)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 12 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s recovery of overpaid housing benefit. This is because the complaint is late.
The complaint
- Mr X complains the Council has incorrectly sought to recover an overpayment of housing benefit.
- Mr X says the Council:
- Do not have evidence that he was overpaid
- Has delayed unreasonably
- Has failed to act on returned mail
- Has not followed procedures fairly
- Has allowed for inconsistent record keeping between the Council and its enforcement agents.
- Mr X says this has caused him significant stress, anxiety and financial worry. He says it has also affected his housing situation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X had been claiming housing benefit, in 2013 when his circumstances changed his eligibility ceased. This resulted in an overpayment.
- The Council was initially unable to contact Mr X as he had also moved house and not provided the Council with a forwarding address.
- In 2022, the Council issued a direct earnings attachment notice to collect the overpayment.
- Mr X complained about this to the Council in June 2022.
- I consider Mr X’s complaint about the Council’s decision to recover the overpayment late.
A complaint is late if it has taken someone more than 12 months to complain to
- the Ombudsman. Mr X knew about the overpayment and recovery action in 2022 and could have complained to the Ombudsman sooner.
Final decision
- We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman