Summary: Mr X complains about the way the Council dealt with a recovery of benefit. The Ombudsman will not investigate this complaint because he could have appealed to a tribunal.

The complaint

1. Mr X complains about the way the Council dealt with a recovery of benefit.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I have considered the comments of Mr X and the Council and Mr X has commented on the draft decision.

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What I found

7. Mr X says that his son’s benefit is based upon his savings and income from a trust fund. The Council decided to treat the money as capital available to him and this meant that previously paid benefit had to be recovered.
8. Mr X said he would appeal against this decision and the Council then reviewed its decision in his favour.
9. He has made complaints about the way the Council considered its original decision and the way it has handled the matter generally. The courts have held that the Ombudsman cannot investigate the surrounding matters relating to the decision which could be appealed. We cannot therefore investigate the Officer’s attitude to the complainant or mistakes made in the original decision. This is because there is a formal, statutory procedure for dealing with disputes about benefit entitlement.
10. I note that the Council has offered £100 compensation for the way the matter has dealt with.

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Final decision

11. The Ombudsman will not investigate this complaint because the matter could be appealed to a tribunal.
     

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Investigator's decision on behalf of the Ombudsman