The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s application for council tax support. This is because he can appeal to the Valuation Tribunal.
The complaint
The complainant, Mr X, disagrees with the council tax support (CTS) decision he received from the Council; he says he provided all the required information to support his 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 Mr X and the Council. This includes a letter from the Council asking for information. I also considered our Assessment Code.
My assessment
Mr X applied for CTS. The Council asked for more information which Mr X says he provided; the Council says it did not receive it.
The Council made a CTS decision that Mr X disagreed with. Mr X says he sent information and did not receive letters which the Council said it had sent. Mr X asked the Council to review the December decision.
The Council sent a letter on 20 May asking for more information; the Council sent the letter to the correct address. The Council asked Mr X to provide the information by 20 June; the Council told me on 19 June it had not received anything further from Mr X. The Council told Mr X he could appeal to the Valuation Tribunal but also reiterated that it needed the information it had requested.
I will not investigate this complaint because benefit disputes need to be dealt with through the review and appeals system. We do not make benefit decisions and, while Mr X says he did send the information, the Council says it did not receive it. The Council still needs the information and has given Mr X another chance to send it.
Alternatively, if Mr X thinks the Council has failed to respond to his review request within two months, he can appeal to the Valuation Tribunal. He can also appeal if he disagrees with a review decision. It is reasonable to expect him to appeal because the tribunal is the appropriate body to deal with CTS disputes; it is free to use and the tribunal members are council tax and CTS experts.
Final decision
We will not investigate this complaint because Mr X can appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman