Summary: Mrs X complained about an overpayment of council tax support which was added to her account in 2018. She says the Council failed to explain its calculations of her benefit which led to the overpayment. The Ombudsman should not investigate this complaint. This is because it was reasonable for Mrs X to appeal the decision on her claim to the Valuation Tribunal.

The complaint

1. The complainant, whom I shall call Mrs X, complains that the Council put a large overpayment on her council tax account without explaining to her how it had occurred. She wanted the Council to provide calculations of how it occurred and to allow her to make arrangements to pay anything which she owed.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. The law says we cannot normally 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), as amended)
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 all the information which Mrs X submitted with her complaint. I have also considered the Council’s response and Mrs X has been given the opportunity to comment on the draft decision.

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What I found

6. Mrs X was claiming council tax support until 2018 when the Council withdrew the benefit and placed an overpayment of over £1,000 on her account. She asked the Council how the benefit had been amended back to 2014 and it informed her this was due to undisclosed increases in her income. The Council informed Mrs X that unless payment was made a summons would be issued for the debt.
7. Mrs X complained to us because she had not received a response at Stage 2 of the Council’s complaints procedure and did not have an explanation of the adjustments to her account. The Council has now provided this and a monthly payment plan to recover the overpayment.
8. The Ombudsman will not normally investigate a complaint about a benefit decision or overpayment. The Valuation Tribunal is the proper authority to consider challenges against council decisions on council tax support. It was reasonable for Mrs X to appeal the decision on her claim if she believes the calculation was wrong.

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Final decision

9. The Ombudsman should not investigate this complaint. This is because it was reasonable for Mrs X to appeal the decision on her claim to the Valuation Tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman