Oldham Metropolitan Borough Council (21 014 551)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 02 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the recovery of an overpayment of housing benefit because she has appealed to a tribunal.
The complaint
- Ms X says that she has appealed to a tribunal the Council’s decision to recover overpaid housing benefit.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman cannot investigate a complaint which has been appealed to a tribunal. Ms X is unhappy that the Council has continued to recover payments whilst her appeal is underway.
- The Council says they have no record of the appeal but are making enquiries and have asked Ms X to send them any evidence of correspondence with the tribunal service to assist them. The Council has agreed to suspend recovery for a month whilst this happens.
- I consider this is reasonable response and there are therefore no grounds to investigate the complaint.
Investigator's decision on behalf of the Ombudsman