Shropshire Council (23 011 001)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 07 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Universal Credit and a Council tax reduction decision because Universal Credit is out of jurisdiction and he can appeal to a Valuation Tribunal.
The complaint
- Mr X complains about a decision to refuse him Universal Credit and Council tax reduction.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that his Universal Credit has been stopped because of his income and he has been told he is not entitled to Council tax reduction.
- Universal Credit includes an element for the claimant’s rent and replaces housing benefit. The Government administers Universal Credit and I cannot consider complaints about it. The Parliamentary and Health Service Ombudsman may decide to investigate such complaints.
- Mr X has a right of appeal to a Valuation Tribunal against the decision not to award Council tax reduction. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
- Mr X says the Council should take into account his outgoings but that is not a factor in determining Council tax reduction.
Investigator's decision on behalf of the Ombudsman