The Ombudsman's final decision
Summary: We will not investigate this complaint about an overpayment of housing benefit because there was a right of appeal to tribunal.
The complaint
Ms X complains that the Council unreasonably decided that there was an overpayment of housing benefit and they are recovering this from her housing benefit payments.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that she was told in July 2023 that there had been an overpayment of housing benefit because she had failed to notify the Council of changes to her circumstances.
Ms X denies that there were any such changes.
Any dispute as to entitlement to housing benefit or an overpayment of housing benefit can be appealed to a tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she could appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman