The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council is wrongly recovering a housing benefit overpayment from Miss X as that Miss X owed the money was decided by a tribunal on appeal. We no longer have any legal remit therefore, concerning this matter.
The complain Miss X complains the Council is wrongly recovering a housing benefit overpayment from her. Miss X complains the Council failed to divulge essential information to her appeal at the First Tier Tribunal (Tribunal) against the Council’s overpayment decision. Miss X says this has caused her stress and impacted on her health.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X appealed against the Council’s decision on the housing benefit overpayment to the Tribunal, and we can no longer investigate, as per paragraph three.
Miss X is effectively complaining that the Tribunal decision is wrong. Miss X should take this up with the Tribunal; we have no remit to investigate its actions.
Final decision
We cannot investigate Miss X’s complaint because it is about a decision on housing benefit overpayment made by the Tribunal on appeal and we no longer therefore have any legal remit to become involved.
Investigator's decision on behalf of the Ombudsman