Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s application for council tax support as Mrs X can appeal to the Valuation Tribunal if she considers the Council has not properly calculated her entitlement.

The complaint

1. Mrs X complains about the Council’s handling of her application for council tax support, which caused her stress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation (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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X describes problems she experienced connected to her application for council tax support, including having to contact the Council more than once to raise issues with its calculation and missed telephone appointments. This caused Mrs X to formally complain to the Council.
7. In response, the Council has acknowledged there were instances where it was at fault. It has apologised to Mrs X and said that these issues have been raised with staff. It has advised Mrs X about her appeal rights in relation to its decision on her entitlement.
8. While I recognise Mrs X was put to some time and trouble, I do not consider the injustice from this is serious enough to warrant our further involvement. In addition, if Mrs X remains of the view that the Council has not properly calculated her entitlement, then this is best dealt with by the Valuation Tribunal (VT) as it resolves such disputes. It is reasonable to expect Mrs X to make an appeal to the VT as this is the procedure provided in law, by Parliament.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mrs X’s complaint because it is reasonable to expect her to appeal to the VT to challenge the Council’s decision on her entitlement and I do not consider she is caused sufficient injustice separately, from the Council’[s handling of her case, to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman