Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s Council Tax Reduction. This is because Mr X has appealed to the Valuation Tribunal, so we have no power to investigate.

The complaint

1. Mr X says the Council refused his application for Council Tax Reduction unfairly.
2. Mr X says the Council has relied on figures that do not reflect his actual earnings. He says this caused financial difficulties, debt, stress, anxiety, sleep problems and difficulty concentrating.

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The Ombudsman’s role and powers

3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The information I have seen shows the Council decided that Mr X was not entitled to Council Tax Support because his income exceeded the qualifying threshold. The Council explained that, under its scheme, it used the income figures supplied through the Universal Credit assessment when calculating entitlement.

Mr X challenged the decision and subsequently appealed to the Valuation Tribunal Service.

8. We will not investigate. Mr X has used his legal right to appeal to the Valuation Tribunal Service. The Tribunal is the specialist body empowered to consider evidence about income, assess whether the Council correctly applied the CTR scheme, and determine whether the decision should be changed. In these circumstances, we have no power to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because Mr X has appealed to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman