The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax support because there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that her Council tax support has been reduced and she finds it hard to pay her bills.
The Ombudsman’s role and powers
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that the Council has altered her Council tax Support and direct debit payments following changes to her income and she cannot budget properly. She has cancelled her direct debit as a result.
Any dispute about entitlement to Council tax support can 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.
The Council advised her that she can apply for a discretionary welfare payment.
Final decision
We will not investigate Ms X’s complaint because she can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman