The Ombudsman's final decision
Summary: We will not investigate this complaint about a housing benefit overpayment as the matter has been appealed to a tribunal.
The complaint
Ms X complains that the Council has sought recovery of an overpayment of housing benefit from 2014.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 the Council is trying to recover an overpayment of housing benefit from a property in which she resided in 2014. She says that this is unfair and the Council has not provided a proper detailed explanation.
Ms X has appealed the decision in June 2025.
The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not determine this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she has appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman