The Ombudsman's final decision
Summary: We will not investigate this complaint about a council tax support overpayment. This is because it was reasonable to expect Mrs X to appeal to the Valuation Tribunal.
The complaint
Ms Y complains on behalf of her mother Mrs X that the Council is unfairly seeking recovery of council tax support overpayment from 2019.
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).
How I considered this complaint
I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint because it is reasonable to expect Mrs X to appeal to the Valuation Tribunal. This is the body best placed to consider council tax support appeals. The Council has provided information about the reasons for its assessment and documents in support. The Council advised Ms Y the next step was to appeal to the Valuation Tribunal. The Council also confirmed it can consider Mrs X’s income and outgoings when making an arrangement to pay.
Final decision
We will not investigate Ms Y’s complaint because it is reasonable to expect her to appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman