London Borough of Southwark (23 003 698)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 12 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax Support as it has been appealed to a tribunal. A complaint about delay in the provision of information has been remedied.
The complaint
- Mr X complains that the Council has failed to provide information about Council tax arrears and Liability Orders. He says that there has been unreasonable delay in determining his claim for Council Tax Support (CTS).
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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 claim for CTS which was awarded, but Mr X asked for earlier periods to be taken into account. The Council’s decision on that claim was appealed to a tribunal. The Council had, in the meantime, pursued Mr X for arrears of Council tax.
- Mr X raised this at the tribunal in August 2023 who ordered the Council to suspend recovery and provide further information at a rehearing. The information Mr X seeks should be presented at the next tribunal hearing.
- The Council accepts there have been delays in the complaints process and has awarded Mr X £250 to reflex his time and trouble in making his complaint.
- The Ombudsman cannot investigate a complaint which has been appealed to a tribunal. The Council’s offer of compensation is an acceptable remedy of the complaint about delay in the complaint handling.
- For these reasons, the Ombudsman would not investigate this complaint.
Investigator's decision on behalf of the Ombudsman