Summary: We will not investigate this complaint about how the Council calculated Mr X’s council tax support. That is because it is reasonable for Mr X to appeal to the Valuation Tribunal. There is insufficient evidence of fault to justify our investigating in respect to his other complaints.

The complaint

1. Mr X complained the Council:
1. took money from his bank account without prior notice
2. miscalculated his council tax support
3. withheld housing benefit money
4. sent him a disrespectful letter
5. did not respond to his complaint properly.
2. He said the Council’s actions had caused him unnecessary stress and frustration. He wants the Council to recalculate his council tax support and apologise.

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The Ombudsman’s role and powers

3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Complaint a)

8. The Council took £18 from Mr X’s bank account via direct debit as payment towards his council tax bill. It did that without notifying him. In its complaint response, it confirmed it would refund the payment. I am satisfied with the actions the Council has taken and as there is no outstanding injustice, we will not investigate this complaint further.

Complaint b)

9. The Council wrote to Mr X in January 2022 and said it had overpaid his council tax support award. It said the overpayment was because of a change in Mr X’s income. Mr X provided the Council further details about his income. It issued further council tax support decisions in February and March.
10. Decisions about the amount the council tax awards in council tax support are appealable to Tribunal. It is reasonable for Mr X to use this right of appeal if he believes the Council has miscalculated the amount of council tax support he is entitled to. Therefore, we will not investigate this complaint further.

Complaint c)

11. Mr X pays rent 50 weeks a year. In the Council’s complaint response, it explained it could only pay housing benefit where there is a liability to pay rent. It said as Mr X had rent free weeks at the end of December 2021 and the start of April 2022, it could not award housing benefit for those periods. We will not investigate this complaint further as there is insufficient evidence of fault in the Council’s actions.

Complaint d)

12. The Council sent Mr X a decision letter explaining his housing benefit. I am satisfied the content of that letter was appropriate. We will not investigate this further as there is not enough evidence of fault to justify our investigating.

Complaint e)

13. It is not a good use of public funds to consider investigate complaint processes where we are not investigating the substantive complaint. We will not consider this complaint further.

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Final decision

14. We will not investigate Mr X’s complaint because decisions about council tax support are best decided by the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman