The Ombudsman's final decision
Summary: We will not investigate this complaint about a housing benefit overpayment because there is a right of appeal to a tribunal.
The complaint
Mr X complains that the Council is still seeking recovery of a housing benefit overpayment.
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)
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 the Council decided there was a recoverable overpayment against him in 2011. He says he believed he had repaid all this sum but the Council wrote to him in 2024 advising him that he still owed £6000 which remained recoverable. The Council advised him that he could appeal against this decision.
Any dispute about the Council’s right to recover this sum 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 can appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman