The Ombudsman's final decision
Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s handling of their housing benefit and council tax support accounts. The Council has taken appropriate action by sending two overpayment of housing benefit appeals to the Social Security Tribunal. It has written off part of the council tax debt and is willing to consider a request to write off the remaining debt.
The complaint
Complaint 1: Mr and Mrs X complain the Council is pursuing overpayments of housing benefit notified in late 2020 and early 2021. They say the Council is wrong to recover the overpayments and has delayed sending their appeal, made in 2021, to the Tribunal. Mr and Mrs X say they have had 16 months of time, trouble, stress, and money worries which has harmed their well-being. They want the matter resolved.
Complaint 2: Mr and Mrs X complain the Council’s 2020 notification also included recovery of council tax support overpayments. They say the Council in April this year issued a summons to court for non-payment of council tax. They say the Council may not have attributed payments correctly regarding their current and previous address.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we are satisfied with a council’s actions or proposed actions.
(Local Government Act 1974, section 24A(6)) 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. (Local Government Act 1974, section 26(6)(a), 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)
How I considered this complaint
I have considered Mr and Mrs X’s information and comments and discussed the complaint with them by telephone. I have considered the Council’s information and reply to my enquiries.
My assessment
I will not consider this complaint further for the following reasons: Complaint 1 - I am satisfied the Council has sent the delayed housing benefit appeals to the Social Security Tribunal: The Council says on 5 January 2021 it received an appeal on the first housing benefit overpayment of £11,809. In April and May 2022, it posted the appeal to the Tribunal. It has sent Mr and Mrs X a copy of its appeal submission.
The Council has accepted the Ombudsman’s view that on 21 April 2022 Mrs X (who it says is the claimant) appealed the second housing benefit overpayment. That was for £4091.52 notified on 19 January 2021. The Council says it has sent the appeal to the Tribunal today by recorded delivery.
The Ombudsman cannot investigate the decision to recover the overpayments because Mr and Mrs X have used their right of appeal (see paragraphs 5 and 6).
When the outcome of the appeals is known Mr and Mrs X may return to the Ombudsman should they consider there is unremedied injustice from the delay in sending the appeals to the Tribunal. The injustice may be affected by the outcome of the appeal.
Complaint 2 - I will not investigate the council tax complaint for the following reasons: On 20 April 2022 the Council wrote to Mr and Mrs X and upheld their complaint. The Council exercised its discretion to write off the 2020 overpayment of council tax support of £4008.
The Council says the remaining council tax debt of £1238.68 arose over previous years. The Council has told me the debt did not arise on the current property. It says it will consider writing off this debt if Mr and Mrs X are having difficulty in paying it. Mr and Mrs X can apply for ‘section 13A’ discretionary council tax relief on hardship or other grounds. Should the Council refuse to grant relief there is a right of appeal to the Valuation Tribunal which deals with appeals against decisions on council tax. At that point the complaint would be outside the Ombudsman’s jurisdiction (see paragraph 6 above).
Other - In April 2022 the Council issued a summons to court for unpaid council tax. Mr X tells me the case was suspended following his communication with the court. If Mr X believes the Council is at fault in issuing the summons or there is a problem in agreeing payment of a council tax debt, he may complain to the Council. That would be a new complaint and is premature to this office.
Agreed action
The Council has sent two housing benefit overpayment appeals to the Social Security Tribunal. This allows Mrs X to use her right of appeal against the Council’s decisions to recover the overpayments.
The Council says it will consider an application for council tax relief if Mr and Mrs X are having difficulty paying the remaining council tax debt of 1238.68 pounds.
Final decision
The Ombudsman will not investigate Mr and Mrs X’s complaint about the Council’s handling of their housing benefit and council tax support accounts. The Council has taken appropriate action by sending two overpayment of housing benefit appeals to the Social Security Tribunal. It has written off part of the council tax debt and is willing to consider a request to write off the remaining debt.
Investigator's decision on behalf of the Ombudsman