The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax support as the matter is out of time and there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X says that she previously made a claim for Council tax support which had not been actioned by the Council. The Council says they will not backdate the benefit.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that she made a claim for Council tax support in 2021 but had forgotten the matter. She made a claim in 2022 which was awarded. However, the Council say that they will not backdate the claim as the original claim was invalid.
The original claim is out of time for investigation as I see no reason why any complaint of failure by the Council to action it could not have been made to this office within 12 months of the claim.
Further, the Council’s decision not to backdate can now be appealed 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.
Final decision
We will not investigate Ms X’s complaint because it is out of time and there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman