The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to backdate a council tax claim. Ms X is appealing this decision with the Council and then has another right to appeal to the Valuation Tribunal.
The complaint
Ms X says she contacted the Council to make a claim for housing benefit for a relative, who could not make the claim themselves. Ms X says the Council did not deal with the claim straight away which caused a delay. Ms X says the delay meant the Council did not backdate the claim fully.
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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X, who is acting for a relative, says she contacted the Council in July 2021, to make a claim for housing benefit for her relative. Ms X explained that her relative was not available to make the claim for themselves.
The Council says it received an application for housing benefit and council tax support in December 2021 and decided to backdate both to September 2021.
Ms X complained that the Council’s procedures meant the application was delayed which affected the decision to backdate the benefit partially to September rather than July.
Ms X is appealing this decision with the Council. She then has the right to appeal to the Valuation Tribunal Service if the Council does not decide in her favour. There is not a good reason for us to consider her complaint instead of the Valuation Tribunal Service.
Final decision
We will not investigate this complaint about the Council’s decision not to backdate a council tax claim. Ms X is appealing this decision with the Council and then has another right to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman