Summary: We will not investigate this complaint about Council Tax Support because there is insufficient evidence of fault by the Council and because the complainant could have appealed to the Valuation Tribunal.

The complaint

1. The complainant, Ms X, complains the Council failed to suspend her Council Tax Support (CTS) when she started work leading to an overpayment. Ms X wants an apology and for the Council to allow her to pay £100 a month.

Back to top

The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council. I also considered our Assessment Code.

Back to top

My assessment

5. CTS is calculated and awarded based on the circumstances that apply when the person applies. The CTS is calculated for the rest of the financial year and the same amount is deducted from the council tax bill. If someone’s circumstances change the Council must reassess the CTS; this may result in the council tax being reduced or increased and a new bill is issued to reflect the amended charge for the rest of the financial year.
6. In September Ms X told the Council she was starting work and would no longer be eligible for CTS. She asked the Council to suspend the claim until she could provide proof of earnings. Ms X wanted to avoid an overpayment.
7. In October the Council ended the CTS from when Ms X started work and issued a new bill. The bill asked Ms X to pay £180 a month from December to March.
8. Ms X says she would not have faced such large payments if the Council had suspended the claim. Ms X wants the Council to apologise and allow her to pay £100 a month. Ms X queried the new council tax bill with the Council and said she would appeal to the Valuation Tribunal.
9. The Council told me it has not received any notification from the tribunal that Ms X has lodged an appeal. The Council also said that Ms X has paid £100 a month from November and it will make an arrangement with her to pay the balance.
10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council awarded CTS based on Ms X’s circumstances when she applied and it had to revise the claim, and the council tax bill, when she started work. Ms X could not avoid a larger council tax bill because the Council had to issue a new bill to reflect that she had started work. Even if the Council had suspended the claim the outcome would have been the same because the CTS had to be amended from when Ms X started work.
11. I also will not start an investigation because Ms X could have appealed to the Valuation Tribunal if she disagreed with the CTS or council tax decision. It is reasonable to expect her to appeal because the tribunal is the appropriate body to consider council tax and CTS disputes.

Back to top

Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Ms X could have appealed to the tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman