London Borough of Islington (26 017 691)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 27 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a housing benefit overpayment. It is reasonable to expect Miss X to use the alternative remedy available to her and appeal to the independent benefits tribunal (the First-Tier Tribunal).
The complaint
- Miss X, represented by Miss Y, complained the Council acted unfairly when deciding to recoup a historical housing benefit overpayment. Miss X disputes owing the overpayment.
- Miss Y said this caused distress, time and trouble.
- Miss X wants the Council to properly consider her complaint, provide evidence of the housing benefit overpayment and if it is unable to do so cancel the debt.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Miss Y.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
- If someone disagrees with a decision about an overpayment they can appeal to the tribunal. The law says people should appeal within one month of the date of the decision they think is wrong. The tribunal can accept a late appeal up to 13 months from the date of the decision. Because the person can appeal, we would normally decide not to investigate complaints about these decisions.
- We will not investigate Miss X’s complaint. As we cannot direct the Council to cancel the debt, it is reasonable for Miss X to appeal to the independent benefits tribunal (the First-Tier Tribunal).
Final decision
- We will not investigate Miss X’s complaint because it is reasonable for her to appeal to the independent benefits tribunal (the First-Tier Tribunal).
Investigator's decision on behalf of the Ombudsman