The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to end the complainant’s Council Tax Reduction. This is because the complainant can appeal to the Valuation Tribunal.
The complaint
The complainant, whom I refer to as Ms X, disagrees with the Council’s decision to stop paying Council Tax Reduction (CTR). Ms X wants the Council to apologise and reinstate the claim.
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 and council tax support or reduction.
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the CTR decision and review reply. I also considered our Assessment Code.
My assessment
Ms X received a back payment of a disability benefit. This back payment increased her savings to more than £6000.
The Council ended Ms X’s CTR because she had savings in excess of £6000.
Ms X disagrees with the decision. She says the disability benefit is normally disregarded and the Council should not take it into account because she received a lump sum after winning an appeal.
The Council reviewed Ms X appeal and gave more information about why it had taken the lump sum into account. The Council invited Ms X to appeal to the Valuation Tribunal.
I will not investigate this complaint because Ms X can appeal to the Valuation Tribunal. It is reasonable to expect her to appeal because the tribunal is the appropriate body to consider CTR appeals. The tribunal is free to use and can decide if the Council was correct to take the lump sum into account.
Final decision
We will not investigate this complaint because Ms X can appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman