Rochdale Metropolitan Borough Council (23 010 878)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 08 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s council tax support decision as Ms X can appeal against it to the Valuation Tribunal.
The complaint
- Ms X complained the Council’s decision on her entitlement to council tax support was incorrect. Ms X seeks a recalculation and an increased award. Ms X says she has been caused anxiety and financial problems.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Valuation Tribunal (VT) is the independent body that hears appeals against decisions on council tax support claims. We are not empowered to do so or to determine if the Council’s award is flawed. It is reasonable to expect Ms X therefore to appeal to the VT and we will not therefore investigate.
Final decision
- We will not investigate Ms X’s complaint because she can appeal to the VT about the Council’s decision on her council tax support claim.
Investigator's decision on behalf of the Ombudsman