The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax and housing benefit because an appeal to a Tribunal has been used.
The complaint
Mr X complains that the Council considers his residence for Council tax purposes to be a House of Multiple Occupation which affects his entitlement.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that the Council has changed his housing benefit circumstances to that of a House of Multiple Occupation. He says that the Council decided he was overpaid housing benefit as a result.
The decision of the Council regarding the overpayment was appealable but, as there was no overpayment recovered, no injustice resulted.
Mr X says that the landlord wishes to increase the rent (as they are now liable as a result). If the Council does not increase housing benefit in line with this he can appeal to a 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.
The Valuation Office Agency decided that Council tax on his property should now be paid by the landlord and this decision was backdated. As Mr X received full Council tax support there was no repayment to him. The landlord has now increased his rent proportionately to reflect the Council tax that they now pay.
Any increase in rent will affect Mr X’s housing benefit entitlement and he will have a right of appeal to a tribunal on any such decision. He has sent a letter of appeal and so this is now out of jurisdiction. Any dispute about the increase in rent is a private contractual matter for which Mr X should seek independent advice.
Final decision
We will not investigate Mr X’s complaint because there is a right of appeal to a tribunal which he has exercised.
Investigator's decision on behalf of the Ombudsman