Summary: We will not investigate Miss B’s complaint about a housing benefit overpayment. This is because it is reasonable for Miss B to put in an appeal to the tribunal.

The complaint

1. Miss B says a Council error resulted in her being overpaid housing benefit. Miss B complains the Council delayed telling her about this overpayment and has wrongly decided it is recoverable.

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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. The Act 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)
4. 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

5. I considered information provided by Miss B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. As advised by the Council, Miss B may put in an appeal against this housing benefit overpayment decision. The Council will consider Miss B’s appeal and if it does not change its decision, will pass Miss B’s appeal to the tribunal for consideration.
8. This is the process set out in law for a person to challenge a housing benefit overpayment decision and I find it is reasonable for Miss B to put in an appeal.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Miss B’s complaint because it is reasonable for her to put in an appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman