The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax support because there was a right of appeal to a Valuation Tribunal.
The complaint
Mr X complains that the Council unreasonably cancelled his claim for Council tax support.
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
Mr X says that his Council tax support was cancelled because his earnings for one month had increased.
The Council says that his Council tax support was cancelled because his income had increased.
The Ombudsman cannot determine whether an entitlement to Council tax support; only a Valuation Tribunal can do this.
Any dispute about liability, support or exemptions from Council tax are therefore a matter for the 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 Mr X’s complaint because he could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman