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 tribunal and relates to a body out of jurisdiction.
The complaint
Ms X receives Universal Credit and she says that the Council has failed to reassess her Council tax support despite a change in her income.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Department of Work and Pensions (DWP). (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that she has previously submitted her wages to the DWP and her Council tax support has then been adjusted by the Council. She says that this did not happen this year despite a change in her circumstances.
The Council says that she could send her income details to the DWP and they will adjust her Universal Credit accordingly. Ms X can appeal against the Universal Credit decision to a Social Security and Child Support Tribunal.
Nevertheless, Ms X has appealed against the Council’s decision. She will have a right of appeal to a Valuation Tribunal if the Council fails to amend its decision.
Final decision
We will not investigate Ms X’s complaint because it relates to a body out of jurisdiction and there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman