Summary: We will not investigate this complaint about how the Council handled a housing benefit overpayment. This is because there is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Ms X complains the Council unfairly refused to refund £537 she paid towards a housing benefit overpayment. She said she had proved she was entitled to Department of Work and Pensions (DWP) benefits and therefore the Council should repay the money.

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The Ombudsman’s role and powers

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

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How I considered this complaint

2. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

3. Ms X complained to the Council regarding the matters in paragraph 1.
4. The Council replied that
• the DWP notified it Ms X was not entitled to Employment Support Allowance for periods between 2015 and 2017.
• It noted Ms X said she had evidence of receiving benefits during that time, but it said the DWP had made the decision she was not entitled after it had already paid her. Therefore, her bank statements were not sufficient proof of entitlement to benefit.
• From 2017 to 2018 Ms X had paid over £537 towards the overpayment.
• it had recently considered Ms X’s circumstances and her vulnerability. It decided to write off the remaining overpayment of over £1900.
• it did not agree it should refund the payments Ms X had made. It said she was not entitled to full housing benefit and the overpayment was recovered correctly.
5. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to justify investigating. The Council confirms Ms X was not entitled to full benefit. It has used its discretion to write off a significant overpayment. But it did not agree it should also refund £537. We are unlikely to find that there is evidence of fault in the decision making that would justify investigation.

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Final decision

6. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman