Summary: We cannot investigate this complaint about the Council’s decision to end the complainant’s council tax support in 2017. This is because the complainant has appealed to the Valuation Tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision to end his Council Tax Support (CTS) in 2017.

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. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax support.

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In 2016 the Department for Work and Pensions decided Mr X had capital of more than £16,000 and it cancelled his Jobseeker’s Allowance and Employment and Support Allowance. Mr X appealed to the First Tier Tribunal about the decision and lost. The tribunal confirmed the decision that he had capital of £16,000.
7. In 2017 the Council cancelled Mr X’s CTS because he had more than £16,000 in capital. The Councill issued decision letters in 2017 invited him to appeal to the Council and to the Valuation Tribunal. Mr X unsuccessfully appealed to the Council but did not appeal to the Valuation Tribunal.
8. In October 2021 Mr X appealed to the Valuation Tribunal. The tribunal said the appeal was late but invited a late appeal. Mr X has submitted a late appeal to the Valuation Tribunal and is waiting for the tribunal to make a decision. Mr X said in his late appeal request that the Council had not told him how and when to appeal.
9. I cannot investigate this complaint because Mr X has appealed to the Valuation Tribunal. The law says we cannot investigate any matter that is the subject of an appeal to the Valuation Tribunal. This restriction will apply even if the Valuation Tribunal decides not to accept a late appeal. In addition, the First Tier Tribunal upheld the initial decision made by the DWP that Mr X had capital above £16,000.

Back to top

Final decision

10. I cannot investigate this complaint because Mr X has appealed to the Valuation Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman