The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant is not entitled to Council Tax Reduction. This is because the complainant can appeal to the Valuation Tribunal.
The complaint
The complainant, Ms X, complains the Council ended her claim for Council Tax Reduction (CTR). Ms X wants the Council to reinstate the CTR.
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 CTR.
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Ms X was receiving Income Support and Carers Allowance. She also received CTR.
The Department for Work and Pensions (DWP) moved Ms X from Income Support to Universal Credit. Although Ms X’s overall income has not changed, the move to Universal Credit means she is no longer ‘passported’ to CTR and, with her current awards of Universal Credit and Carers Allowance, her income is too high to qualify for CTR; this is based on the Council’s CTR policy.
The Council explained why Ms X is no longer eligible for CTR. It invited her to apply for financial support from the hardship fund. The Council told Ms X she could appeal to the Valuation Tribunal if she did not think the Council had assessed her CTR claim correctly.
I will not investigate this complaint because Ms X can appeal to the Valuation Tribunal. It is reasonable to expect her to appeal because the tribunal is the correct body to determine if a council has correctly assessed an application for CTR. The tribunal can decide if the Council was correct to decide that Ms X is no longer eligible. We do not make CTR decisions and we cannot tell the Council it must reinstate the claim. The tribunal is free to use.
Final decision
We will not investigate this complaint because Ms X can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman