London Borough of Croydon (19 002 755)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 26 Jun 2019
The Ombudsman's final decision:
Summary: Mrs X complains about the way the Council has considered her applications for council tax support. The Ombudsman will not investigate this complaint because there was a right of appeal for any dispute about entitlement and there is insufficient injustice from the delay to warrant investigation.
The complaint
- Mrs X complains about the way the Council has considered her applications for council tax support.
The Ombudsman’s role and powers
- 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)
- 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 the complainant's and Council's comments. The complainant has commented on the draft decision.
What I found
- Mrs X says that she has suffered delays by the Council when her council tax support claims have been assessed. Whilst previous claims have been resolved eventually, she says that the Council has billed her £25 council tax for 2018/9 despite her application for council tax support. The Council says that it is awaiting evidence to show her Universal Credit entitlement.
- Any decision about entitlement to council tax support is appealable to a Valuation Tribunal. The Tribunal is an independent expert body and its decisions are binding on councils. I see no reason why an appeal could not have been made where any dispute remained.
- I appreciate Mrs X’s frustration about the need for further evidence regarding Universal Credit but, in the absence of any enforcement action by the Council, I consider that the injustice from the delay is not sufficient to warrant investigation.
Final decision
- The Ombudsman will not investigate this complaint because there is insufficient injustice to warrant investigation and a right of appeal to a tribunal existed.
Investigator's decision on behalf of the Ombudsman