Summary: We will not investigate this complaint about the Council’s assessment of council tax support and discretionary housing payments to Mr X. It was reasonable for Mr X to appeal against the council tax support decision to the valuation Tribunal. There is no fault in the Council informing him that he is ineligible for discretionary housing payment.

The complaint

1. Mr X complained about the Council refusing his application for council tax support and withdrawing it from November 2023. He says this has left him unable to meet the payments required by a court liability order which the Council has obtained against him. He also complained about the decision not to award him discretionary housing payment which has left him owing rent arrears which he believes is unreasonable.

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The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered the information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says he was in receipt of council tax support in the past but in February 2024 he had a change in circumstances which resulted in the Council withdrawing the award backdated to November 2023 when the change took place. He applied again in April 2024 but the Council informed him that he does not qualify for the reduction. Mr X could challenge the decisions by asking for an internal review and if he is dissatisfied he would be entitled to appeal to the Valuation Tribunal which is the body which considers challenges to council tax decisions.
8. Mr X also applied for discretionary housing payment on three occasions since April 2023. The Council has declined his applications on all the claims and in response to his appeals has informed him that he is ineligible because he does not qualify for housing benefit or the housing component of Universal Credit due to his income.
9. There is no statutory appeal against a discretionary housing payment decision but it is clear that the Council has explained to Mr X why he is ineligible for the benefit. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of council tax support and discretionary housing payments to Mr X. It was reasonable for Mr X to appeal against the council tax support decision to the valuation Tribunal. There is no fault in the Council informing him that he is ineligible for discretionary housing payment.

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Investigator's decision on behalf of the Ombudsman