Summary: We will not investigate Ms B’s complaint about the Council’s refusal of her council tax support claim. This is because it is reasonable for Ms B to put in an appeal to the Valuation Tribunal.

The complaint

1. The complainant, who I will refer to as Ms B, complains the Council refused her claim for council tax support. Ms B says the Council wrongly decided she had savings she could have used to pay her council tax. Ms B says she cannot afford to pay council tax and has had to cancel her direct debit.

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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 Act 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

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

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My assessment

7. Ms B may ask the Council for a review of its decision. If the Council does not change its decision, Ms B may put in an appeal to the Valuation Tribunal.
8. This is the correct process to challenge a decision on a council tax support claim.
9. I find it is reasonable for Ms B to put in an appeal to the Valuation Tribunal. The service is free to use and the tribunal is in the best position to decide whether the Council has considered Ms B’s claim correctly.

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Final decision

10. We will not investigate Ms B’s complaint because it is reasonable for her to put in an appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman