The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council is recovering a benefit overpayment debt at a rate which causes her family hardship. The Council has agreed to deal with the complaint and reassess the financial position. Ms X can return to the Ombudsman once the Council has dealt with the matter or if it delays.
The complaint
Ms X complains the Council is recovering an overpayment of housing benefit debt, from 2016, at a rate she cannot afford. Ms X says the Council has refused to discuss writing off the debt. She says the level of debt recovery is causing her financial hardship. She is no longer able to work because she does not have enough money to meet living costs and the needs of her children. In August, Ms X provided the Council with a financial statement but the Council did not change the recovery arrangement. Ms X wants the Council to suspend its direct earnings attachment until the case is properly considered.
The Ombudsman’s role and powers
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 are satisfied with a council’s actions or proposed actions.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council. I have considered our decision dated 20 July 2021 on Ms X’s last complaint about this matter (reference 21 002 776).
My assessment
I will not investigate this complaint because I am satisfied the Council has agreed to take the action below. Ms X may return to the Ombudsman if she disagrees with the outcome once the Council has reassessed the position and dealt with the complaint.
The Ombudsman decided in July 2021 that we will not investigate the 2016 decision to recover benefit because it is outside our jurisdiction. Ms X had a right of appeal to the benefits tribunal which it was reasonable for her to use. We also found no fault in the Council’s decision to obtain a direct earnings attachment. The subject of this complaint is the amount the Council is taking from Ms X and the impact on the family.
Recommended/agreed action The Council says it has not dealt with the complaint and will do so via its complaint procedure.
It will complete a new financial statement form or update the one submitted in August and reassess what Ms X can afford to pay towards the debt.
I recommend to the Council that it explains its previous and new assessment to Ms X and what it considers acceptable outgoings. The financial statement Ms X sent the Council states her outgoings exceed her income.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council is recovering a benefit overpayment debt at a rate which causes her family hardship. The Council has agreed to deal with the complaint and reassess the financial position. Ms X can return to the Ombudsman once the Council has dealt with the matter or if it delays.
Investigator's decision on behalf of the Ombudsman