Summary: We will not investigate this complaint about the amount of Council Tax Reduction the Council has awarded. This is because there are appeal rights the complainant could have used and because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has incorrectly reduced his Council Tax Reduction (CTR) and has not explained why. He wants the Council to increase his CTR.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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 Mr and the Council. This includes the complaint correspondence and a copy of the CTR decision letters. I also considered our Assessment Code.

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My assessment

6. Mr X’s circumstances changed in October. Mr X says his overall income has fallen but the Council has decreased his CTR. This means he has to pay more council tax which is causing financial stress. Mr X says the Council should not have reduced the CTR because his Universal Credit is the same as his previous Tax Credit award. Mr X says the Council has not explained why it has decreased the CTR.
7. The Council sent CTR decision letters which told Mr X he could appeal to the Valuation Tribunal if he thought the CTR was wrong. The Council told me Mr X has not appealed. The Council told Mr X it has to calculate the CTR using the income and Universal Credit figures provided by the Department of Work and Pensions (DWP). The Council explained what figures the DWP had provided.
8. I will not start an investigation because Mr X could have used his appeal rights if he though the Council had incorrectly calculated his CTR. It is reasonable to expect Mr X to have appealed because the tribunal is the appropriate organisation to deal with CTR disputes. The tribunal would have decided if the Council had used the correct figures.
9. I also will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council explained that it must use the income figures provided by the DWP.

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Final decision

10. We will not investigate this complaint because Mr X could have used his appeal rights and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman