Summary: We will not investigate Miss X’s complaint about council tax support. There is insufficient evidence of fault in how the Council changed its policy. Miss X could appeal to the Valuation Tribunal against her liability and this part of her complaint is therefore out of our jurisdiction.

The complaint

1. Miss X complains the Council has changed its council tax support scheme and the new rules mean people entitled to Universal Credit are treated less favourably than people entitled to Employment Support Allowance. She says this has caused her significant financial pressure.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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My assessment

8. Miss X says the policy change is unfair. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decision to change its policy.
9. Miss X says her council tax has increased significantly. I will not investigate this matter as it is reasonable for Miss X to appeal to the Valuation Tribunal. The Valuation Tribunal is an independent body which can determine a dispute about council tax liability.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault in the way the Council changed its council tax support policy and Miss X can make an appeal to the Valuation Tribunal which places this part of her complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman