Summary: We will not investigate this complaint about council tax support. This is because Ms X could have appealed to a Tribunal and there is insufficient injustice to justify an investigation.

The complaint

1. Ms X complains the Council has not assessed her council tax support claim correctly for over a year. She says it failed to take account of her vulnerability. This led to high council tax payments and distress and anxiety.

Back to top

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 or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organization.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

3. The Local Government Act 1974 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.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X claimed council tax support in early 2024. The Council closed two claims because Ms X did not provide the required information. In July 2024 the Council paid some council tax support but it then removed most of the award.
7. Ms X disputed the income the Council used. The Council asked for evidence of her income and universal credit statements which she provided. However, the Council did not change Ms X’s entitlement.
8. Ms X received a council tax reminder in December 2024. She complained she provided evidence, but the Council ignored it. An officer had told her not to pay.
9. The Council replied it must assess council tax support based on information from the Department of Work and Pensions. Ms X was not entitled from August 2024. It found no evidence an officer told her not to pay.
10. In further complaints Ms X said the Council had not properly explained why she was not entitled, and it had caused her distress as she was vulnerable.
11. In its responses the Council said it could not take account of income information Ms X sent, as it must use information from the DWP. It apologised that it had asked her to send income evidence. The Council provided details of Ms X’s right of appeal to the Valuation Tribunal. The Council also made payment arrangements over a longer period in order to assist Ms X, taking account of the arrears.
12. I consider it was or is reasonable for Ms X to appeal to a tribunal if she disagrees with the Council’s decision. The Council has apologised for requesting income evidence when it cannot use this information. It has also agreed payment arrangements to take account of the arrears in view of the delays in coming to a conclusion. There is no remaining fault causing injustice which requires investigation.

Back to top

Final decision

13. We will not investigate Ms X’s complaint because she has a right of appeal to a tribunal and there is insufficient injustice to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman