The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision to refuse her council tax support. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Ms X to use her legal right to appeal to the specialist Valuation Tribunal.
The complaint
In short, Ms X complains about the Council’s decision to turn down her application for council tax support. She says she is struggling financially and physically. Ms X would like to the Council to reassess her claim and provide compensation.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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.
Final decision
We will not investigate Ms X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect her to take up her legal right to the appeal to the specialist Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman