Summary: We will not investigate this complaint about council tax and housing benefit arrears. Both decisions were appealable via tribunal and there is not a good reason for the Ombudsman to consider the complaint instead.

The complaint

1. Mr and Mrs X complained the Council pursued them for council tax and housing benefit overpayment for a property that was uninhabitable due to fire damage. They say the matter has caused significant stress and time and trouble, and they want the Council to accept the property was not fit for habitation and waive the arrears.

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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 about the same matter. 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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr and Mrs X say their property suffered a fire in 2020, however the Council began pursuing them for council tax and housing benefit overpayments for the period during which it was uninhabitable.
7. Mr and Mrs X say they appealed the housing benefit overpayment decision via a tribunal and through this process it was agreed the property had been uninhabitable. However they say the council tax department have continued to claim the property was habitable, which contradicts this. They say the Council is abusing its position and bullying them.
8. Both decisions carry appeal rights. It was reasonable for Mr and Mrs X to also appeal the council tax decision, as they did with the housing benefit decision. The tribunal is an independent body whose decisions are binding on the Council. We cannot decide whether council tax is payable, or whether a property is fit for habitation. There is not a good reason for us to consider this complaint instead.
9. In any event, the complaint is also now late as it is about a matter Mr and Mrs X knew about in 2020 and there is not a good reason for the delay in complaining to us.

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Final decision

10. We will not investigate Mr and Mrs’s complaint because they had the right to appeal the Council’s decisions via tribunal.

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Investigator's decision on behalf of the Ombudsman