The Ombudsman's final decision
Summary: Ms X complains about eviction by the Council and recovery of an overpayment of housing benefit. The Ombudsman will not investigate this complaint because the eviction is a matter for the Housing Ombudsman and the overpayment can be appealed to a tribunal.
The complaint
Ms X complains about eviction by the Council and recovery of an overpayment of housing benefit.
The Ombudsman’s role and powers
We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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.
I have also considered the complainant’s comment on a draft of this decision.
My assessment
Ms X was evicted by the Council. Any complaint about eviction can be made to the Housing Ombudsman and is out of our jurisdiction.
The Council says that she was overpaid housing benefit and has attempted to recover the amount.
The Council wrote to her in January 2022 with a statement of reasons for the decision. She can now appeal to a tribunal if she disputes the decision.
The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Fina decision We will not investigate this complaint because part of the complaint is for the Housing Ombudsman, and she has a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman