Summary: We will not investigate this complaint about when the complainant became eligible to receive council tax support. This is because this decision carries a right of appeal to a statutory tribunal which it would be reasonable for the complainant to exercise. We have no jurisdiction to investigate in these circumstances.

The complaint

1. The complainant (Mr Q) complains about an alledged failure by the Council to correctly backdate the amount he receives in council tax support. Specifically, Mr Q says he applied for council tax support in September 2024 and asked for this to be backdated to the date he became the account holder for council tax at his property in February 2024. He says his complaint about why his council tax cannot be fully backdated has not been properly responded to by the Council.
2. In summary, Mr Q says the Council’s fault has caused him significant financial hardship. As a desired outcome, he wants the Council to backdate the amount he receives in council tax support to February 2024.

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The Ombudsman’s role and powers

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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Decisions about whether a person is entitled to council tax support and the amount of support carry a right of appeal to the Valuation Tribunal. The Council has carried out a review of its decision as to what date Mr Q became eligible to receive council tax support and informed him of his right of appeal to the Valuation Tribunal. There is no evidence to suggest it would be unreasonable for Mr Q to exercise this right. We therefore have no jurisdiction to investigate in these circumstances.

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Final decision

7. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman