Summary: Mrs X complains that the Council failed to deal with her telephone call where she advised them of her new job. She says that this affected the amount of council tax she had to pay. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal about any matter relating to her entitlement to council tax support.

The complaint

1. Mrs X complains that the Council failed to deal with her telephone call where she advised them of her new job. She says that this affected the amount of council tax she had to pay.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered the complainant's and Council's comments. The complainant has commented on the draft decision.

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What I found

5. Mrs X says that she previously paid no council tax as she was entitled to benefits. She says that she applied for, and obtained, a retail job and so telephoned the Council to ask them of the consequences to her benefits. She says she was told her new job would not affect the amount of council tax she would pay.
6. She says that, after starting work, her council tax bill increased significantly.
7. The change of circumstances affected her entitlement and the Council had to review her council tax support. Any change in her entitlement to council tax support carried a right of appeal to a Valuation Tribunal. The tribunal could determine her correct entitlement and the date of that change. I see no reason why such an appeal could not have been exercised.
8. Mrs X has been advised to seek advice for the Citizen’s Advice Bureau about appealing.

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Final decision

9. The Ombudsman will not investigate this complaint because she had a right of appeal to a tribunal.
    

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Investigator's decision on behalf of the Ombudsman