Summary: Miss X complained about the Council’s assessment of her council tax support claim and its recovery of arrears. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it is reasonable for Miss X to appeal to the Valuation Tribunal about the amount of her support. There is insufficient evidence of fault by the Council in its recovery actions which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Miss X, complained about the Council sending her a summons for unpaid council tax when she was trying to provide additional information about her council tax support claim. The claim has been recalculated but she says that she still is being pursued for arrears which she disputes.

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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 have considered all the information which Miss X submitted with her complaint and she has commented on the draft decision.

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What I found

5. Miss X applied for council tax support when she moved into her home in 2019. The Council wrote to her in 2020 and told her the amount which was due up to the end of the financial year which she disagreed with. She asked for more time to provide additional information about her claim. The Council sent her a summons for the unpaid council tax which added £50 costs to the account.
6. Miss X complained to the Council. It received notification from the Department of Work and Pensions of the date when her Social Credit application had been allowed from. The Council amended her council tax account and issued a new bill which showed the correct figure after her discount and council tax support had been deducted. The Council informed her that it had cancelled the summons costs as recovery action no longer applied.
7. Miss X still disputes the reduced amount of arrears remaining. The Council informed her that council tax support only covers 86% of the charge under its scheme and that she is required to pay the balance of the charge for the portion of 2019/20 and the current financial year. It allowed her to make monthly payments to clear the arrears.
8. If Miss X wishes to challenge the decision on her council tax support, it is reasonable for her to apply to the Valuation Tribunal which is the proper authority to consider appeals.
9. The Valuation Tribunal cannot consider any dispute about the Council’s support scheme itself. If Miss X wishes to challenge the scheme rules which only allow for 86% of the charge, then she can only do so in the High Court. The Ombudsman has no jurisdiction to investigate complaints about local council tax support schemes.

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Final decision

10. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it is reasonable for Miss X to appeal to the Valuation Tribunal about the amount of her support. There is insufficient evidence of fault by the Council in its recovery actions which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman