The Ombudsman's final decision
Summary: We will not investigate this complaint about an application for council tax reduction. This is because the Council has made a benefit award and the complainant could have used her appeal rights.
The complaint
The complainant, whom I refer to as Ms X, complains the Council has not awarded council tax reduction (CTR) even though she is on a low income and struggling to pay the council tax. Ms X wants the Council to assess her claim correctly.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Valuation Tribunal deals with appeals against decisions on council tax liability reduction.
How I considered this complaint
I considered information provided by Ms X and the Council. This includes a benefit letter showing the Council has awarded CTR. I also considered our Assessment Code.
My assessment
Ms X says she applied for CTR but the Council rejected her claim. Ms X disagrees with the decision.
In response to my enquiries the Council said it awarded CTR from November and also made a discretionary award. The decision notice told Ms X how she could appeal against the decision.
I will not investigate this complaint because Ms X could have used her appeal rights if she disagreed with any of the CTR decisions. It is reasonable to expect her to appeal because the tribunal is free to use and the appropriate way to challenge benefit decisions. The tribunal can decide if a council has made the correct decision in relation to a CTR claim.
In addition, the Council has now awarded CTR. If Ms X thinks the award is wrong or thinks CTR should have been awarded for any claim she made before November, then she could have used her appeal rights.
Final decision
We will not investigate this complaint because there were appeal rights Ms X could have used.
Investigator's decision on behalf of the Ombudsman