Summary: We will not investigate this complaint about the Council’s decision that the complainant is not entitled to Council Tax Support. This is because the complainant could have appealed to the Valuation Tribunal and because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision that she does not qualify for Council Tax Support (CTS). She says on-line calculators show an entitlement and she would qualify if she lived in other council areas.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), 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 read the complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

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What I found

Council Tax Support

6. CTS is a benefit which helps some people pay their council tax. Each council sets its own scheme and rules. This means someone may qualify for help if they live in one council area but would not qualify if they live in a different council area.
7. The CTS policy for this Council says the maximum amount of CTS a working age person can receive is 75% of the council tax for a property in council tax band A.

Assessment

8. Mrs X received some CTS in 2019. Mrs X reapplied in 2020 having seen from on-line calculators she would be entitled. The Council told Mrs X her income was too high to qualify for CTS. The Council notified Mrs X of her appeal rights to the Valuation Tribunal.
9. In response to complaints the Council explained there was an error with the calculator which it had reported to the provider. It also explained there was a discrepancy in some of the income details provided by Mrs X. The Council explained how it had assessed the claim and said that, because Mrs X is of working age, her claim is limited to 75% of the council tax for band A. The Council made a hardship award of £843 to help Mrs X pay the council tax in 2020/21.

Assessment

10. I will not start an investigation because Mrs X could have appealed to the Valuation Tribunal if she thought the Council had not calculated her CTS claim correctly. It is reasonable to expect her to have appealed because the tribunal is the appropriate body to decide if a council has assessed a CTS claim in accordance with its CTS policy. The tribunal cannot, however, comment on the Council’s decision to restrict CTS for working age people.
11. I also will not start an investigation because there is insufficient evidence of fault by the Council. Mrs X is correct to say she might qualify for CTS if she lived in a different council area. This is because each council sets its own policy and rules. But the Council can only assess Mrs X’s CTS claim in relation to its rules. I appreciate Mrs X may disagree with the Council’s policy but it is for the Council, not us, to decide how it will operate its CTS scheme. We cannot change the CTS scheme or tell the Council it must award CTS to Mrs X contrary to the rules. If Mrs X thinks the CTS rules should be changed she would need to raise that with her local councillors.

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Final decision

12. I will not start an investigation because Mrs X could have appealed to the tribunal and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman