The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the Council stopped her housing benefit and is recovering overpayments of benefit. We cannot investigate because Ms X has appealed to the Social Security Tribunal. She may seek a late appeal if she has not appealed all the Council’s benefit decisions made in the last year.
The complaint
Ms X complains the Council in September 2021 stopped her housing benefit without notifying her of the decision and said if she made a new claim it would not backdate benefit. Ms X complains the Council has recovered overpayments of housing benefit in the last year which she says it should not do because she has always informed it of her circumstances. She says it has failed to deal properly with her complaints about the overpayment decisions. Ms X says the Council’s actions have caused rent arrears, time and trouble, and distress. She wants the Council to reinstate housing benefit, backdate benefit and compensation her.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I have considered Ms X’s information and comments and discussed the complaint with her by telephone.
My assessment
I will not investigate this complaint for the following reasons: The housing benefit decisions are outside the Ombudsman’s jurisdiction because Ms X has a right of appeal to a tribunal (see paragraphs 2 and 3 above). 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) Ms X tells me she has recently appealed some of the benefit decisions to the Social Security Tribunal. This includes the September decision which stopped housing benefit and created an overpayment of £1728. We cannot investigate (see paragraph 4).
There are 5 overpayment decisions referred to in the information held. If Ms X has not appealed all those decisions we would not exercise discretion to investigate because it was reasonable for her to appeal or she can ask the Tribunal to consider them.
Following Ms X’s new claim for housing benefit the Council decided on 16 December that she was entitled to benefit. If Ms X disagrees with any part of that decision she can appeal to the Tribunal.
Final decision
The Ombudsman will not investigate Ms X’s complaint that the Council stopped her housing benefit and is recovering overpayments of benefit. We cannot investigate because Ms X has appealed to the Social Security Tribunal. She may seek a late appeal if she has not appealed all the Council’s benefit decisions made in the last year.
Investigator's decision on behalf of the Ombudsman