The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s recovery of overpayments of Housing Benefit. This is because the complainant has and had rights of appeal to the specialist Housing Benefit tribunal and it was and is reasonable to expect her to use these rights.
The complaint
Miss X complains about the Council’s decision to recover overpaid housing benefit from her ongoing weekly housing benefit. She says the Council’s mistake caused her to be overpaid and she can’t afford the amount now being recovered.
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 also referred to the Ombudsman’s Assessment Code.
Final decision
We will not investigate Miss X’s complaint as she has had and will have (on any new decisions) a right to appeal to the Housing Benefit tribunal. It is reasonable to expect her to use the specialist tribunal and this places her complaint outside the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman