Summary: Mr X complains about the way the Council dealt with his council tax support claims. The Ombudsman will not investigate this complaint because the matter has been settled.

The complaint

1. Mr X complains about the way the Council dealt with his council tax support claims.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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.

Back to top

How I considered this complaint

5. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment on the draft decision.

Back to top

What I found

6. Mr X made a claim for council tax support in January 2019 but, he accepts, did not complete the information required about his wife’s income. The Council was told by the DWP that he had been awarded Job Seeker’s Allowance from 4 February and council tax support was put in payment. The Council now accepts that this was an error in the absence of information about his wife’s income and council tax support was cancelled. Mr X was left with a larger council tax bill than he expected.
7. The Council agreed to spread the extra bill over 10 monthly payments in 2019. I am satisfied that this would reflect the budgeting problems experienced by the Council’s error.
8. Mr X could ask the Council to waive the “overpayment” of council tax support on the basis of the Council’s error and, if it refused, he could appeal that decision to a Valuation Tribunal. He should seek advice and support from his local CAB.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint because the Council has remedied the matter and it may be possible to pursue the matter to a Valuation Tribunal.
    

Back to top

Investigator's decision on behalf of the Ombudsman