London Borough of Lambeth (20 014 228)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 01 Jul 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about entitlement to council tax support because the complainant can appeal to a tribunal.
The complaint
- Miss Y has complained the Council says she has arrears of council tax. She says this is because it failed to process a claim for council tax support she made in 2019.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It 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)
How I considered this complaint
- I have considered what Miss Y said in her complaint and background information provided by the Council.
Final decision
- Since Miss Y made her complaint to us the Council has confirmed its decision that she is not entitled to council tax support and advised her she can appeal to the Valuation Tribunal. I see no reason Miss Y should not appeal and so, for the reason given in paragraph 2, we will not investigate her complaint.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman