The Ombudsman's final decision
Summary: We will not investigate this complaint about fault in the way the Council calculated the complainant’s housing benefit resulting in an overpayment. We could not now investigate effectively what happened several years ago and the complainant can provide new information to the Council for assessment.
The complaint
The complainant, Miss C, complained about fault in the way the Council calculated her housing benefit resulting in an overpayment.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended) The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or it would be reasonable for the person to ask for an organisation review or appeal.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss C told us the Council miscalculated her housing benefit claim from 2013. She said she did not know about this issue until the Council contacted her at her current address in February 2021 and said it had overpaid her. Miss C questioned why the Council have taken so long to contact her about the debt.
The Council considered Miss C’s complaint. It checked its files and explained the reasons for its decision that it had overpaid housing benefit. It said it had sent an overpayment notification letter to Miss C in 2014. Given the passage of time, we could not now investigate effectively what happened in 2014.
Miss C wants the Council take all of her family’s circumstances into account and recalculate her housing benefit. The Council advised her if she has new information regarding the calculation of the overpayment to send it copies for an assessment. It is reasonable to expect her to do so because this may result in a new housing benefit decision. Miss C would then have the right to appeal if she disagrees with it.
Miss C complained about a lack of support from her housing officer. We cannot investigate complaints about the Council’s management of its social housing, including tenancy support.
Final decision
We will not investigate Miss C’s complaint because we could not now investigate effectively what happened several years ago and Miss C can provide new information to the Council for assessment.
Investigator's decision on behalf of the Ombudsman