Summary: We will not investigate this complaint about the way the Council has calculated the complainant’s Council Tax Support. This is because the complainant could appeal to the Valuation Tribunal or speak to his local councillors if he thinks the CTS policy is wrong.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has not awarded him the maximum amount of Council Tax Support (CTS). He says his CTS should be reduced by 80% not 55%. Mr X says the CTS policy does not take disability into account.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
5. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

6. I considered information provided by Mr X and the Council. This includes the complaint replies, the CTS policy and a letter the Council sent to Mr X’s MP.
7. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

Back to top

My assessment

8. The Council uses income bands to work out how much CTS someone is entitled to. The maximum amount of CTS is 80% of the council tax. If someone’s income increases they might move into the next income band and the CTS will decrease.
9. Mr X was receiving Employment and Support Allowance (ESA) and CTS of 80%. Mr X moved house and claimed Universal Credit. His UC is more than his ESA and he moved into a higher income band for CTS. The Council awarded CTS of 55%. It invited Mr X to apply for extra discretionary help. Mr X says his council tax increased by more than his income.
10. The Council explained how it calculates CTS and confirmed the award is correct. It invited Mr X to appeal to the Valuation Tribunal if he thought it had calculated the award incorrectly.
11. Mr X says he should receive CTS of 80% and that UC should passport him to the maximum amount of CTS. He says the CTS policy fails to take disability into account.
12. I will not start an investigation because Mr X can appeal to the Valuation Tribunal if he does not think the Council has assessed his CTS correctly and in accordance with the CTS policy. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to decide if a CTS award is correct. The tribunal cannot comment on how the CTS scheme operates or tell the Council to change the terms of the policy.
13. I also will not start an investigation because it is for the Council, not us, to decide how to operate its CTS scheme. If Mr X thinks the scheme should offer more help to people with disabilities, then he would need to lobby councillors for a change to the policy.

Back to top

Final decision

14. I will not start an investigation because Mr X can appeal to the Valuation Tribunal or lobby councillors for a change in the policy.

Back to top

Investigator's decision on behalf of the Ombudsman