The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax support or recovery of a housing benefit overpayment as such disputes can be appealed to a tribunal.
The complaint
Mr X complains that the Council has miscalculated his housing benefit and Council tax support. The Council has also sought recovery of an overpayment of housing benefit.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that his housing benefit has been incorrectly assessed. He has received an invoice for a housing benefit overpayment relating to a decision made to recover in May 2023.
Any decision as to benefit entitlement or recovery of an overpayment can be appealed to a tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Mr X’s complaint because he could appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman