Summary: We will not investigate this complaint that the Council is wrongly recovering a housing benefit overpayment from Miss X as that Miss X owed the money was decided by a tribunal on appeal. We no longer have any legal remit therefore, concerning this matter.

The complain

1. Miss X complains the Council is wrongly recovering a housing benefit overpayment from her. Miss X complains the Council failed to divulge essential information to her appeal at the First Tier Tribunal (Tribunal) against the Council’s overpayment decision. Miss X says this has caused her stress and impacted on her health.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. Miss X appealed against the Council’s decision on the housing benefit overpayment to the Tribunal, and we can no longer investigate, as per paragraph three.
7. Miss X is effectively complaining that the Tribunal decision is wrong. Miss X should take this up with the Tribunal; we have no remit to investigate its actions.

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Final decision

8. We cannot investigate Miss X’s complaint because it is about a decision on housing benefit overpayment made by the Tribunal on appeal and we no longer therefore have any legal remit to become involved.

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Investigator's decision on behalf of the Ombudsman