The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax reduction because there is a right of appeal to a Valuation Tribunal.
The complaint
Mr X complains that the Council has used incorrect income figures for his pension when calculating his 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that his draw down pension means he withdraws income when he needs it. However, the Council has assessed his income differently and Mr X says his pension provider cannot supply the evidence he needs to support his case. This has resulted in a reduction of his Council tax support.
The Council’s decision 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.
Final decision
We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman