Redcar & Cleveland Council (22 015 743)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 30 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax support as there is no evidence of fault and there is a right of appeal to a tribunal which could be used.
The complaint
- Mr X complains that the Council has demanded payment for Council tax which he cannot afford.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made a Council tax support claim in 2023. The Council refused his claim but asked him in June 2023 to provide information to support his claim. The Council says that he failed to do this. The Council phoned Mr X and advised him of his right of review/appeal but Mr X chose not to pursue this.
- The Council has provided assistance through a household support fund.
- There is no evidence of fault in the way the Council considered his claim for Council tax support. If Mr X disagreed with the decision to refuse the benefit he could appeal further to a tribunal.
- The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Investigator's decision on behalf of the Ombudsman