Summary: The Ombudsman cannot investigate Mr X’s complaint about how the Council calculated his entitlement for council tax support. This is because Mr X appealed against the Council’s decision to the Valuation Tribunal and the complaint is now therefore outside the Ombudsman’s legal remit.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council has wrongly calculated his entitlement to council tax support.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint.

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What I found

4. Mr X complains the Council wrongly calculated his entitlement to council tax support as it failed to disregard capital it should have done.
5. Mr X appealed to the Valuation Tribunal against the Council’s decision. His appeal was dismissed.

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Final decision

6. My decision is that the Ombudsman cannot investigate. This is because Mr X’s case, in the form of an appeal, has been heard by the Valuation Tribunal. The Ombudsman no longer has any legal remit to investigate Mr X’s complaint.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman