Summary: We will not investigate Mr X’s complaint about the Council’s decision that he is not eligible to receive council tax support. This is because Mr X has appeal rights to the Valuation Tribunal against the decision which places the complaint outside our jurisdiction.

The complaint

1. Mr X complains the Council has stopped his council tax support. He does not accept the Council’s explanation that the reason for this is because the inclusion of his wife’s Industrial Injuries Benefit to the council tax support calculation means their income is too high to qualify.

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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 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.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The restriction highlighted at paragraph 3 applies to Mr X’s complaint about his entitlement to council tax support. He can appeal against the Council’s decision to the Valuation Tribunal. As he has this alternative remedy available which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.
10. Mr X’s reference to council tax and other matters going back years also fall outside our jurisdiction due to the passage of time and will not be investigated now.
11. Mr X is a Council tenant and as such any complaints he has about his Council property and tenancy are for the Housing Ombudsman and not us because by law we have no jurisdiction to consider them.

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Final decision

12. We will not investigate Mr X’s complaint because he has appeal rights to the Valuation Tribunal against the Council’s decision that he is not entitled to council tax support which places the complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman