Worthing Borough Council (21 008 599)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 09 Nov 2021
The Ombudsman's final decision:
Summary: Ms X complains about the way her claim for council tax support was handled. We will not investigate this complaint because she appealed to a tribunal and the matter has been remedied.
The complaint
- Ms X complains about the way her claim for council tax support was handled.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant had an opportunity to comment on my draft decision.
My assessment
- Ms X says that the Department for Work and Pensions (DWP) gave incorrect information to the Council about her circumstances and, as a result, she was overpaid council tax support.
- She appealed against the decision to recover this over payment and the Council upheld that appeal.
- The Ombudsman cannot investigate a complaint where a right of appeal has been exercised to a tribunal. The matter has now been remedied.
Final decision
- I do not intend to investigate this complaint because she appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman