Summary: Mrs X and Ms Y, representatives of this complaint, and executors of Mr Z’s estate, complain about the Council’s failure to forward an appeal regarding an alleged overpayment to the Tribunal. We have discontinued our investigation. The Council has since forwarded the appeal to the Tribunal, and further investigation would not achieve a worthwhile outcome.

The complaint

1. Mrs X and Ms Y, representatives of this complaint and executors of Mr Z’s estate, complain about the Council’s failure to forward an appeal regarding an alleged overpayment to the Tribunal. The Council has delayed forwarding the appeal, citing the need for additional information from the Department for Work and Pensions (DWP) regarding Mr Z’s pension credit entitlement. As a result, Ms X and Ms Y say they have been unable to finalise Mr Z’s estate, causing delay and frustration. Ms X and Ms Y want the Council to promptly forward the appeal to the Tribunal, and to ensure others are not similarly impacted as they have been.

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The Ombudsman’s role and powers

2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
3. 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)
4. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered evidence provided by the representatives of this complaint, the Council as well as relevant law, policy and guidance.
6. The representatives and the Council were offered an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

Benefit overpayments

7. If a Council reviews a claim and decides it has paid too much benefit, this is an overpayment.
8. Councils can recover an overpayment from the claimant or the person to whom it made the overpayment, for example the claimant’s landlord if a Council has made a direct payment. The person from whom the authority decides to recover an overpayment can appeal.
9. Housing Benefit regulations state the minimum information that should be included in a decision notice about overpayments, including the right to apply for a revision of the decision or appeal against it and the manner and time to do so.
10. A person who has received an overpayment decision notice has a right of appeal to a First Tier Tribunal (FtT) against some relevant decisions (whether as originally made or as revised or superseded) that the Council makes on a claim, or on an award of Housing Benefit.

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Decision to discontinue our investigation

11. The primary concern raised by the representatives, Mrs X and Ms Y, the executors of Mr Z’s estate, was the Council’s delay in forwarding an appeal regarding an alleged overpayment, which had caused frustration and delayed the settlement of Mr Z’s estate. However, this issue has now been resolved, as the Council has forwarded the appeal to the Tribunal, which was the main remedy the complainants sought. Since the core issue has been addressed, I consider that there is no further worthwhile remedy that can be achieved through further investigation.
12. Whilst it is acknowledged that the frustrations of the representatives are not without merit, the Council has explained that the delay in forwarding the appeal was due to the need for further information from the Department for Work and Pensions (DWP) regarding Mr Z’s pension credit entitlement. It has provided a legal basis for this approach, citing relevant case law and regulations that required it to establish whether there was justification for reconsidering the pension credit decision before the appeal could be forwarded. While the representatives may disagree with the Council’s handling of the matter, there is no indication that its actions were wholly unjustified or that there has been any continuing injustice requiring intervention.
13. The delay in forwarding the appeal caused inconvenience and distress at an already difficult time, and Mrs X and Ms Y have expressed concerns about ensuring that others are not similarly affected. However, the procedural delays they experienced do not, in themselves, indicate a systemic failing that would justify further investigation. This was a specific case with particular legal and evidential complexities, and there is no clear basis to suggest that further scrutiny would lead to meaningful findings or improvements beyond what has already been achieved.
14. The complaint, which was originally made on behalf of the deceased Mr Z, is now being pursued by the executors of his estate. As Mr Z is no longer alive, the complaint no longer concerns an ongoing injustice to the individual but rather the executors' desire to resolve the procedural issue that impacted the estate. With the appeal now forwarded, the substantive concern of the representatives has been met, and there is no continuing impact or injustice to Mr Z that should be resolved through further investigation.
15. While the representatives’ concerns are understandable, there is ultimately no ongoing injustice to Mr Z that would warrant further investigation. The appeal has been forwarded, and no meaningful remedy remains outstanding. Furthermore, I am satisfied that there is no wider public interest in continuing the investigation. The Council has confirmed that delays of this length are rare and not indicative of a broader pattern. It has acknowledged the difficulties caused by reliance on the DWP for information and has committed to changing its approach by escalating such issues through formal complaints in the future. As such, there is no evidence of a systemic failure requiring further scrutiny, and the decision is made to discontinue the investigation.

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Final decision

16. We have discontinued our investigation. The Council has since forwarded the appeal to the Tribunal, and further investigation would not achieve a worthwhile outcome.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman