Summary: We will not investigate this complaint about Mr X’s entitlement to council tax support. It is reasonable for him to appeal the Council’s decision to the Valuation Tribunal.

The complaint

1. Mr X complained the Council is pursuing him for council tax benefit overpayment which he says was correctly paid to him when he was unemployed. He says this has caused him stress and financial hardship. He wants the Council to pay him the money he says it owes him.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

5. Mr X says he was granted council tax reduction for a period during which he was unemployed. He says the Council then decided, due to errors by the Department for Work and Pensions and his previous employer, that he was no longer entitled to this and it has since pursued him for repayment.
6. The Valuation Tribunal is a statutory tribunal whose decisions are binding on the Council. It considers council tax reduction appeals. There is not a good reason in this case for us to investigate a complaint instead. We cannot decide whether someone should be entitled to council tax reduction.

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Investigator's decision on behalf of the Ombudsman