Summary: We will not investigate Mr B’s complaint about the Council charging him full council tax. This is because it is reasonable for Mr B to challenge the Council’s decision by putting in an appeal to the Valuation Tribunal.

The complaint

1. Mr B complains the Council has wrongly decided to charge him full council tax since he stopped receiving employment support allowance and started receiving universal credit. Mr B says previously he did not have to pay any council tax and he considers the Council is targeting the most vulnerable people in the community.

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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 Act 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 B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A person who considers they should not be required to pay full council tax can put in an application to their local council for a council tax reduction. If the person is not satisfied with the council’s decision on their application, the person can ask the council to review its decision. If the council refuses to change its decision, the person can put in an appeal to the Valuation Tribunal.
8. This is the process set out in law for a person to challenge a council’s decision on their entitlement to a council tax reduction and we generally expect it to be used. I find it is reasonable for Mr B to use this process to challenge the Council’s assessment of his entitlement to a council tax reduction.
9. Also, we cannot investigate the terms of the Council’s local council tax reduction scheme because such policies form part of the Council’s annual council tax setting. The law says such decisions can only be challenged by judicial review.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman