Summary: We will not investigate this complaint about a housing benefit overpayment because it is out of time and there was a right of appeal to a tribunal.

The complaint

1. Mr X complains that the Council unfairly pursued him for recovery of a housing benefit overpayment.

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The Ombudsman’s role and powers

2. 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)
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)
4. 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)

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How I considered this complaint

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

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My assessment

7. Mr X says that the Council is attempting to recover an overpayment of housing benefit from him for a period between 2014 and 2015.
8. Mr X was aware of the matter in 2015 and was advised of his right of appeal to a tribunal. I consider therefore that this complaint is out of time.
9. The tribunal is an independent body which can determine any disputes about liability, discounts or exemptions from Council tax. I see no reason why such an appeal could not have been made in this case.

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Final decision

10. We will not investigate Mr X’s complaint because it s out of time and there was a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman