Summary: We will not investigate this complaint about the Council’s handling of a Valuation Tribunal decision on a council tax reduction decision. This is because the Council has taken suitable action and Ms X can appeal the new decision to the Valuation Tribunal.

The complaint

1. Ms X complains the Council has failed to implement a Valuation Tribunal council tax support appeal decision. She says the Council delayed and failed to properly administer the appeal decision. She also says the Council did not provide written appeal rights.

Back to top

The Ombudsman’s role and powers

2. 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).
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X complained to the Council regarding the matters in paragraph 1.
6. The Council’s complaint reply confirmed it had apologised for its delay in implementing the decision. The Council explained that it had implemented the decision as set out in the Valuation Tribunal’s order. This had not led to an increase in the council tax reduction. The Council confirmed it had not double counted Ms X’s income. The Council gave details of its calculation. It sent computer generated letters which set out the assessment and gave information about the right of appeal to the Valuation Tribunal. The Council’s stage one response also advised Ms X she could appeal the new decision to the Tribunal.
7. We will not investigate this complaint because it is reasonable to expect Ms X to appeal to the Valuation Tribunal if she disagrees with the Council’s new decision. The Council has explained the income used and its calculation. It says it has complied with the Valuation Tribunal’s decision. If Ms X considers Council assessment is incorrect, the Valuation Tribunal is the appropriate body to consider her appeal.
8. We will not investigate Ms X’s complaint that the Council delayed implementing the Valuation Tribunal’s decision. The Council revised its decision approximately five weeks after it received the Valuation Tribunal order. The Council has taken suitable action because it has apologised for its delay. We would not seek a further remedy because the delay is not significant.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because she can appeal to the Valuation Tribunal. The Council has taken suitable action to remedy its delay.
10.  

Back to top

Investigator's decision on behalf of the Ombudsman