The Ombudsman's final decision
Summary: We will not investigate this complaint about a housing benefit overpayment because there was a right of appeal to a tribunal. The complaint is also out of time.
The complaint
Ms X complains that the Council unreasonably sought recovery of a housing benefit overpayment in 2018 which she disputes.
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) 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 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
Ms X says that the Council decided to recover an on overpayment of housing benefit in 2018 based on inaccurate information. Ms X had a right of appeal to a tribunal at that point. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not have been made in this case and so the complaint is out of jurisdiction.
Further, Ms X was aware of the matter in 2018 and could reasonably have made a complaint to this office at that time. The complaint is therefore also out of time.
Final decision
We will not investigate Ms X’s complaint because she had a right of appeal to a tribunal and the matter is out of time.
Investigator's decision on behalf of the Ombudsman