Summary: We will not investigate this complaint about the Council holding Mr X liable to repay council tax support. This is because it was reasonable for Mr X to appeal to the Valuation Tribunal.

The complaint

1. Mr X complains about the Council’s decision to recover council tax support of £2500 from him. He says it was the Council’s error to award this benefit over 2-3 years and he should not be held liable for repayment.

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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. The law says we cannot normally investigate a complaint when someone could have appealed to a tribunal. However, we may decide to investigate if we consider it was unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax support liability.

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How I considered this complaint

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

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My assessment

7. We will not investigate this complaint because it was reasonable to expect Mr X to appeal to the Valuation Tribunal. The tribunal is free to use and is the specialist body to determine council tax support liability disputes.

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Final decision

8. We will not investigate this complaint because it was reasonable to expect Mr X to appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman