The Ombudsman's final decision
Summary: We will not investigate this complaint about housing benefit overpayment which dates from 2009 to 2014. Mr X has or had the right to appeal to a tribunal against overpayment of housing benefit which it would have been reasonable to expect him to use. Additionally, we cannot investigate a complaint which is made to us more than 12 months since Mr X became aware of the issue being complained of, unless there is a good reason to exercise discretion to do so.
The complaint
Mr X complains the Council have incorrectly calculated his housing benefit and this has led to an outstanding overpayment debt which means he cannot pursue a Right to Buy (RTB) application.
Mr X further complains this has caused him stress and anxiety and wants the Council to write off the debt in addition to apologising and providing compensation for emotional stress caused.
The Ombudsman’s role and powers
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) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 have notified Mr X of alleged overpayments in housing benefit dating from various periods between 2009 and 2014.
The Council maintain Mr X would have been notified subsequent to each period of overpayment and that debt collectors were appointed in 2015.
Mr X contacted the Council in November 2020 when he was stopped from submitting an RTB application due to outstanding debts. The Council detailed all dates and amounts of overpayments to him in their response the next day.
Final decision
We will not investigate Mr X’s complaint because he has or had the right to appeal against the overpayment to the First-tier Tribunal which it is reasonable to expect him to use. Additionally, we will not investigate a complaint when more than 12 months has elapsed since the complainant became aware of the issue and there is no good reason for us to exercise discretion to investigate further.
Investigator's decision on behalf of the Ombudsman