Summary: We cannot investigate this complaint about council tax support entitlement as this is to be decided on appeal to the Valuation Tribunal.

The complaint

1. Miss X complained about the Council’s decision on her entitlement to council tax support and the way in which it treats the carers element of universal credit in its calculation. Miss X wants the Council to change its policy on this.

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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. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

7. We cannot determine disputes about council tax support. The Valuation Tribunal (VT) is the independent body which does this, and as Miss X has appealed against the Council’s decision on her entitlement, this matter is no longer within our remit, as per paragraph four.
8. Each local authority is responsible for setting its own council tax support scheme and so we are not able to criticise the contents of the Council’s scheme. Whether the Council has properly applied its policy, and calculated Miss X’s entitlement, is for the VT to decide.

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Final decision

9. We cannot investigate Miss X’s complaint because she has appealed to the VT and so the matter is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman