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

The complaint

1. Ms X complains that the Council is seeking recovery of an overpayment of housing benefit which she says was their fault.

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The Ombudsman’s role and powers

2. 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)
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)

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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. Ms X says that an overpayment of housing benefit arose because of a computer problem experienced by the Council in 2021. He says that, despite this, the Council is seeking to recover the overpayment from her.
7. Ms X has a right of appeal to housing benefit tribunal against the decision to recover.
8. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

9. We will not investigate Ms X’s complaint because there is a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman