Summary: We will not investigate this complaint about Miss X’s council tax payment plan. This is because it is reasonable to expect Miss X to use her right of appeal to the Valuation Tribunal. In addition, of the matters remaining, there is not enough evidence of fault.

The complaint

1. Miss X complained that the Council did not consider her vulnerabilities when applying hardship discount to her council tax.
2. Miss X also complained that following a review of her council tax payment plan, the monthly cost increased.
3. Miss X complained that this caused him significant stress and anxiety.

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The Ombudsman’s role and powers

4. 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)
5. 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))

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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

8. Miss X complained that her vulnerabilities had not been considered by the Council when they applied a hardship discount to her council tax payments.
9. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. Therefore, it would be reasonable to expect Miss X to use her right of appeal for this matter.
10. Miss X also complained that her council tax monthly payments increased following a review. The Council provided Miss X a breakdown of the costs and payment plan to recover her debts. Given the Council’s replies, it is unlikely an investigation would find any fault in its actions here.

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Final decision

11. We will not investigate Miss X’s complaint because it is reasonable to expect her to use her right of appeal to the Valuation Tribunal. In addition, there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman