Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his application for Council Tax support. This is because he has appealed to the Valuation Tribunal.

The complaint

1. Mr X complains about the Council’s handling of his application for Council Tax support.

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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. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. Decisions about council tax support are appealable to the Valuation Tribunal. Mr X has appealed to the Tribunal, so we have no power to consider this matter.

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Final decision

7. We cannot investigate Mr X’s complaint because he has used his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman