The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to pursue recovery action of two housing benefit overpayments. This is because it is reasonable for Mr X to appeal to the Tribunal.
The complaint
Mr X complains about the Council’s decision to pursue recovery action of two housing benefit overpayments from 2015 and 2016. He says it is unreasonable to seek recovery more than 10 years later and he is no longer able to obtain bank records from that period. He says this has caused financial uncertainty and concern. Mr X wants the Council to reconsider the recovery and exercise discretion to write it off.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council notified Mr X of the overpayments in 2015 and 2016 and explained his right of appeal to the tribunal. Mr X did not complain to us until 2026, after the Council wrote to him again about repayment. He disputes liability for the overpayments.
The appropriate route to challenge liability for a housing benefit overpayment is an appeal to the tribunal. The tribunal is independent and has the power to decide disputes about such decisions. I consider it was reasonable to expect Mr X to have used his appeal rights. We will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because its reasonable for him to have appealed to the Tribunal.
Investigator's decision on behalf of the Ombudsman