Summary: We will not investigate this complaint about housing benefit and overpayments. This is because it was reasonable to expect Mr X to appeal to a tribunal.

The complaint

1. Mr X complains his temporary accommodation rent charged changed several times due to housing benefit reassessments and alleged overpayments. He says it has become unaffordable after rent increases. He says this has significantly impacted his vulnerable family.

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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).
4. 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), section 34(B)).

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council regarding the matters in paragraph 1.
7. The Council replied it had considered his appeal regarding the housing benefit overpayments in October 2025. It had confirmed it would not recover one overpayment of over £2000. It had asked Mr X for further information about his appeal, but he had not responded. It explained the changes to his housing benefit were due to changes in his income.
8. The Council responded in December 2025 regarding Mr X’s complaint that the rent was unaffordable. It said the rent charge was based the Local Housing allowance rate set by the Government. Mr X had claimed housing benefit which is a means tested benefit based on the claimant’s income and circumstances. It did not agree Mr X’s rent was unaffordable.
9. We will not investigate Mr X’s complaint because it was reasonable to expect Mr X to pursue his appeal. The Council asked Mr X for further information about his appeal, but he did not respond. The Social entitlement Chamber is the appropriate tribunal to consider appeals about housing benefit decisions.
10. We will not investigate Mr X’s complaint that his rent was not affordable. The Council has explained the basis of the rent charge. There is not enough evidence of fault by the Council to warrant investigation.

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Final decision

11. We will not investigate Mr X’s complaint because it was reasonable to expect him to appeal. There is not enough evidence of fault by the Council to warrant investigation of other matters.

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Investigator's decision on behalf of the Ombudsman