Summary: We will not investigate this complaint about council tax, council tax reduction and housing benefit. This is because it is reasonable to expect Ms Y to appeal to both the Valuation Tribunal and the Social Entitlement Chamber about the complaint.

The complaint

1. Ms Y complained the Council has charged her incorrectly for council tax, miscalculated her entitlement to housing benefit and council tax reduction. She also complained the Council said it would alter the decision after she complained, but it has since denied this.
2. Ms Y says the problems have led to the matter proceeding to enforcement and increasing the costs, causing her upset and worry.

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The Ombudsman’s role and powers

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 Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

7. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Ms Y changed address in November 2021. She had been receiving housing benefit and council tax reduction from the Council.
9. The Council says Ms Y’s new tenancy began ten days before her previous tenancy expired. She has been charged council tax for both properties for this time. Ms Y says it should not have been charged and her tenancy should have been ended on the same day as the new one began. She also says her housing benefit and council tax reduction calculations have been incorrectly made since September 2021.
10. Ms Y has complained to the Council in November 2021 and February 2022. The Council responded, denying fault and referring Ms Y to her right of appeal for both housing benefit and council tax reduction decisions. Ms Y then approached us in August.

Analysis

11. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. Ms Y has a right to appeal to this body about the issues she has brought to us.
12. This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service. Consequently, it is reasonable to expect Ms Y to use her right to appeal to the Valuation Tribunal if she wishes to dispute the charges for council tax for either property and the application of council tax reduction. Therefore, we will not investigate this complaint.
13. Ms Y also has a right to appeal to the Social Entitlement Chamber (Social Security Appeal Tribunal) about the housing benefit she has received or should have received. As explained above, as a tribunal it can make reasonable adjustments if necessary and it is therefore reasonable to expect Ms Y to use her right of appeal. We will therefore not investigate.
14. As we are not able to consider the substantive issues in this complaint, it is not a good use of public money to consider Ms Y’s complaint about correspondence from the Council about her substantive complaint. We will therefore not investigate.

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Final decision

15. We will not investigate Ms Y’s complaint because Ms Y has a right to appeal to both the Valuation Tribunal and the Social Entitlement Chamber and it is reasonable for her to appeal.

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Investigator's decision on behalf of the Ombudsman