The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to reclaim overpayments of housing benefits. This is because the complainant had the right of appeal to a tribunal.
The complaint
The complainant, who I will call Mr X, complains about the Council’s decision to recover housing benefits which were overpaid. Mr X says he cannot afford to repay the overpayments.
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) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In December 2021, the Council reviewed its decision to recover the overpayment of housing benefit from Mr X and upheld its original decision. It informed Mr X of how he could exercise his right of appeal at tribunal. The Council has said that whilst Mr X has complained about the matter he has not submitted an appeal to tribunal.
I will not investigate this complaint. This is because Mr X had a right to appeal the Council’s decision to a tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case. Mr X may be able to submit a late appeal to the tribunal, but will need to explain why he could not have appealed sooner.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to have used his right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman