Summary: Ms X complained about the Council’s handling of her Council Tax account. The Ombudsman should not investigate this complaint. This is because Ms X has right of appeal to a Tribunal.

The complaint

1. Ms X complains about the Council’s handling of her Council Tax account. She says the Council failed to cancel her Council Tax Support (CTS) claim when she asked it to in December 2017. This resulted in Ms X underpaying her Council Tax, she has now received a bill.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. The law says we normally cannot investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a))
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I have considered the information put in by Ms X with her complaint. I have also considered the Council’s information.
6. Ms X had an opportunity to comment on my decision.

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What I found

7. Ms X provided a copy of her e-mail from December 2017 telling the Council she no longer needed CTS because she had full time employment.
8. The Council contacted Ms X in March 2019 to say she owed Council Tax because she had been receiving CTS while in employment. It asked her to repay the money she had received between December 2017 and March 2019.
9. Ms X complained to the Council. She said she had cancelled her CTS claim and the Council should not hold her responsible for its error.
10. The Council responded to Ms X’s complaint. It said Ms X should have been aware she was still receiving CTS from her Council Tax bill. It said Ms X could appeal to the Tribunal if she disagreed with its decision.
11. Ms X complained to the Ombudsman the Council made an error in not cancelling her CTS. She said she should not be liable for any money when she was not responsible for the mistake.

Analysis

12. Council Tax legislation provides an appeal to the Valuation Tribunal (VT) for people to challenge council decisions on their right to CTS. The Tribunal is an expert independent body whose decisions are binding on a Council.
13. If Ms X thinks the Council has acted wrongly, and it should not hold her responsible for the Council Tax repayments, it is reasonable to expect her to use her right of appeal to the VT.
14. The Ombudsman is not an appeal body. I see no reason Ms X cannot appeal in this case.

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Final decision

15. The Ombudsman does not intend to investigate this complaint. This is because Ms X has a right of appeal to a Tribunal and there are no reasons she should not use it.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman