Summary: The Ombudsman will not investigate Mr X’s complaint about his request for Council Tax Support. This is because the complaint is late, and it was reasonable for Mr X to appeal to the tribunal.

The complaint

1. Mr X says he has been waiting over two years for the Council to agree his application for Council Tax Support.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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 considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

6. Mr X says he has been waiting over two years for the Council to award him Council Tax Support. Mr X says the Council has started recovery action for outstanding council tax. The Council has responded to a complaint from Mr X and has explained he was entitled to Council Tax Support between May 2017 and March 2018 – but only £0.08 per week. It has said that if Mr X disagreed with the Council’s decision, he had the right to appeal to the Valuation Tribunal.
7. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason Mr X could not have complained much earlier, and so the exception at paragraph 2 applies to his complaint. In reaching this decision I have taken into account the points I make below.
8. Any decision about entitlement to Council Tax Support is appealable to a Valuation Tribunal. The Tribunal is an independent, expert body, set up by Parliament as a way for the public to challenge decisions about council tax. When there is a right to appeal to a tribunal, the Ombudsman normally expects people to use this right. I see no reason why an appeal could not have been made to the Tribunal, and so an investigation by the Ombudsman is not appropriate.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because the complaint is late, and it was reasonable for Mr X to appeal to the tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman