Summary: We will not investigate Ms X’s complaint the Council delayed revising her entitlement to council tax support, may have awarded the wrong amount of benefit, and delayed dealing with her complaints. The Council has awarded Ms X council tax support. It is reasonable for Ms X to use her right of appeal to the Valuation Tribunal if she disagrees with the entitlement decision. There is no other injustice.

The complaint

1. Ms X complains the Council delayed assessing her information regarding a council tax reduction claim. Ms X says the Council has ‘miscalculated’ her claim and failed to give information about how to challenge its council tax decision and appeal rights. Ms X says she does not get full council tax reduction such as discounts or exemptions and believes she is getting less than she is entitled to. She says this has caused her to have debt. She wants the Council to provide the calculations of her benefit and pay compensation.
2. Ms X complains the Council delayed dealing with her complaints. She says the Council should pay compensation for the delays.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Department of Work and Pensions (DWP). (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

6. I considered information and comments by the complainant and Council. The information includes the Council’s benefit notification, dated 13 February 2023. This revises council tax support, explains the assessment, and provides details of how to appeal to the Valuation Tribunal.

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My assessment

7. I will not investigate his complaint for the following reasons:
8. A complaint about the Council’s decision on council tax support or reduction, an exemption or discount is outside the Ombudsman’s jurisdiction because there is a right of appeal to a tribunal (see paragraphs 3 and 4). The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. I consider it reasonable for Ms X to use her right of appeal if she disagrees with the Council’s decision. The Tribunal is the specialist body established to deal with a dispute about entitlement and has the power to change the decision.
9. The Council’s recent council tax support decision covers the period 25 July 2022 to 31 March 2023. The review followed information about a change of income submitted in February. It confirms Ms X is entitled to council tax support. The notification explains the calculations for each period and the right of appeal to the Valuation Tribunal. The Council has also provided me with the back of its council tax bills which includes information on how to challenge its benefit decisions including the right of appeal to the Valuation Tribunal.
10. I cannot investigate the part of the complaint which involves the actions of the Department for Work and Pensions (DWP) and Universal Credit. The DWP is not a body within our jurisdiction (see paragraph 3 and 5). The Council told Ms X, in December 2022, that it had to accept the DWP calculation regarding her income and a Universal Credit decision. It advised Ms X she could ask the DWP for a ‘mandatory reconsideration’. The link provided to the Gov.Uk website also provides details of how to appeal that decision to the Social Security Tribunal. The Council has told me that Ms X should inform the DWP about changes of income. The DWP will then review her Universal Credit and update a system covering council tax to which the Council has access.
11. There is insufficient injustice to investigate the complaint handling or delay. Ms X provided the Council with information about her income on 1 September. The Council replied to a complaint by December and says it had reviewed entitlement to benefit around that time. The Council sent a new bill on 13 January 2023. Following further information, it has promptly reviewed the claim and notified Ms X in February (as explained above).

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Final decision

12. The Ombudsman will not investigate Ms X’s complaint the Council delayed revising her entitlement to council tax support, may have awarded the wrong amount of benefit, and delayed dealing with her complaints. The Council has awarded Ms X council tax support. It is reasonable for Ms X to use her right of appeal to the Valuation Tribunal if she disagrees with the entitlement decision. There is no other injustice.

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Investigator's decision on behalf of the Ombudsman