Summary: We will not investigate this complaint about Council tax liability as Miss X can appeal to the Valuation Tribunal about it.

The complaint

1. Miss X complains the Council has said she owes council tax due to a change in her Universal Credit entitlement. Miss X does not agree and says this has caused her stress, anxiety and depression.

Back to top

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 law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Valuation Tribunal (VT) is the independent body that deals with disputes about council tax liability. If Miss X considers she is not liable for the tax, it would be appropriate for her to appeal to the VT. We are not empowered to settle such disputes.
8. Universal credit is administered by the Department for Work and Pensions (DWP). This body is not within our jurisdiction but again, there is a statutory appeal process by which Miss X can challenge her universal credit award.
9. I recognise that Miss X would have liked the Council to place the matter on hold while she seeks clarification about her universal credit entitlement. However, the Council is required by law to seek to recover council tax owed and even if a bill is in dispute, the onus is on the account holder to continue to pay until a new bill is issued.
10. For these reasons, we will not investigate.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because if she considers the liability decision is wrong, she can appeal to the VT. Additionally, it is unlikely we would find fault by the Council for seeking to recover the council tax which is in dispute.

Back to top

Investigator's decision on behalf of the Ombudsman