Summary: We cannot investigate this complaint about how the Council calculated the complainant’s council tax relief or its decision to ask her to repay council tax she underpaid because of an error. This is because the complainant has already appealed to a tribunal.

The complaint

1. The complainant, whom I shall refer to as Mrs X, says the Council miscalculated her council tax relief between 2015 and 2018. This has meant she underpaid council tax and the Council is now pursuing her for the debt. Mrs X says the amount outstanding is due because of the Council’s mistake and she should not have to repay it. Mrs X says she has been caused significant stress because of the matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mrs X’s complaint because she has already appealed to the Valuation Tribunal about the matter. The complaint is therefore outside the Ombudsman’s jurisdiction as we have no powers to consider a complaint when someone has appealed to a tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman