The Ombudsman's final decision
Summary: We will not investigate this complaint about a housing benefit overpayment. At our invitation, the Council has now agreed not to recover the money. The complaint is therefore resolved.
The complaint
Mrs X complained on behalf of her father, Mr Y, that the Council was demanding repayment of over £7,500 of housing benefit the Council said it had overpaid Mr Y. Mrs X said this was causing stress.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I asked the Council how the overpayment initially arose and whether, if it was due to an error by the Council, the Council would now be willing to decide not to recover the overpayment. The Council then reconsidered and decided not to recover the money.
Final decision
We will not investigate Mrs X’s complaint because the Council has resolved it by deciding not to recover the money.
Investigator's decision on behalf of the Ombudsman