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Brighton and Hove City Council (202106026)

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REPORT

COMPLAINT 202106026

Brighton and Hove City Council

8 October 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The complaint concerns an overpayment of Housing Benefit

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident complained that they were asked to pay back an overpayment of housing benefit. The resident raised a complaint on 21 December 2020 explaining that the council had not provided sufficient notice to repay the debt. The resident also stated that he found the correspondence with the council to be intimidating.
  2. The Council explained that the overpayment had been identified and detailed that it was willing to engage with the resident to set up a payment plan to clear the debt.
  3. The resident explained that because he has not been made aware of the debt for four years, that he considered it should be written off.
  4. The complaint was then escalated to stage two of the complaints process. The Council’s Benefits Services provided a response on 2 July 2021. The Council explained that the debt was identified in 2016, at which time the resident was informed. The Council stated that it was not responsible for the debt accumulating and therefore would not recommend writing off the debt. The Council explained that the resident had exhausted its complaints handling process.

Reasons

  1. Paragraph 39 (m) of the Housing Ombudsman Scheme states that:

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body;

  1. The resident has raised a complaint about the assessment of housing benefits.
  2. Although the resident is a tenant of the landlord, Housing Benefits are not a landlord service. The assessment of Housing Benefits, concerns the Council’s actions as a local authority.
  3. Complaints about local authority’s and its assessment of benefits are a matter for the Local Government and Social Care Ombudsman. Local Government and Social Care Ombudsman details are as follows: www.lgo.org.uk 0300 061 0614.
  4. I am therefore satisfied that, in accordance with paragraph 39 (m) of the Scheme, this is not a complaint which the Ombudsman can investigate further.