London Borough of Lambeth (25 025 959)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 22 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax support and housing benefit. There is not enough evidence of fault by the Council to justify our involvement. Mrs X can appeal the Council decisions to a tribunal.
The complaint
- Mrs X complains the Council has assessed her housing benefit and council tax support incorrectly. She says the Council continued to take court action regarding her council tax despite her outstanding complaint. The Council failed to respond to her complaint of October 2025. This has caused her stress and anxiety.
The Ombudsman’s role and powers
- 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. it would be reasonable for the person to ask for a council review or appeal (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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).
- The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council regarding the matters in paragraph 1.
- The Council replied to Mrs X’s complaint in October 2025. It stated it had already revised her claim based on information she supplied in late September 2025. It explained how she could appeal its decision.
- The Council also advised Mrs X in January 2026 how she could appeal to the Valuation Tribunal regarding its council tax support decisions.
- The Council says Mrs X is seeking further information to support her change in income. The Council says it will consider this.
- We will not investigate this complaint because there is not enough evidence of fault by the Council to justify investigation. It replied to Mrs X’s complaint.
- We will not investigate Mrs X’s complaint that the Council incorrectly assessed her income. This is because it is reasonable to expect her to appeal to The Social Security Appeal Tribunal or the Valuation Tribunal.
Final decision
- We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to warrant investigation. Mrs X can also appeal the Council’s decisions to a tribunal.
Investigator's decision on behalf of the Ombudsman