Summary: We cannot investigate Mr X’s complaint that he has been incorrectly held liable for an overpayment of housing benefit. This is because Mr X has appealed to the specialist tribunal about the same matter.

The complaint

1. Mr X complains that the Council has incorrectly held him liable for an overpayment of housing benefit for a property that he did not occupy. Mr X has been left stressed and distressed.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has submitted an appeal about this matter to the Social Entitlement Chamber. This is the independent tribunal tasked with deciding housing benefit liability decisions.
7. We cannot investigate. This is because Mr X has exercised his right to appeal to the specialist tribunal responsible for determining Mr X’s liability for the housing benefit overpayment. This prevents us from investigating.

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Final decision

8. We cannot investigate Mr X’s complaint because he has appealed to the specialist tribunal about the same matter.

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Investigator's decision on behalf of the Ombudsman