The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax support claim as there is no evidence of fault and there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council has not explained how her claim for Council tax support was calculated.
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 Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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 has not shown her what constitutes a low income for Council tax purposes. She says that other Councils do this.
The Council has provided a breakdown of her income set against an “applicable amount”. Ms X has a right of appeal to the Valuation Tribunal against this decision.
I am satisfied that the Council has provided a breakdown of how her claim was assessed and she now has a right of appeal to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Council tax support is calculated locally so some Council schemes will differ from others. Nevertheless, the right of appeal to the Valuation Tribunal still applies.
Final decision
We will not investigate Ms X’s complaint because there is no evidence of fault by the Council and she has a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman