Summary: We will not investigate this complaint about an application for discretionary council tax relief (support). This is because there is insufficient evidence of injustice and because the complainant has appealed to the Valuation Tribunal.

The complaint

1. The complainant, Mr X, complains the Council rejected his application for discretionary council tax relief but then asked for information to support the claim. He says this raises concerns about the decision making process. He wants an apology and redress.

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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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This includes appeals about discretionary support.

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How I considered this complaint

5. I considered information provided by Mr X and the Council. This includes the complaint correspondence and Mr X’s application to the Valuation Tribunal. I also considered our Assessment Code.

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My assessment

6. Mr X contacted the Council to make an enquiry about financial council tax support. The Council treated the enquiry as an application and decided not to make an award due to a lack of information. A few hours later the Council provided information about discretionary support; it asked for supporting evidence, sent a form, and advised Mr X of other steps he needed to take.
7. Since then, the Council has decided Mr X does not qualify for discretionary support. The reasons for rejecting the application include an assessment that Mr X has enough money to pay his council tax.
8. Mr X appealed to the Valuation Tribunal against the Council’s decisions. His appeal includes concerns about the decision making process. Mr X is waiting for the tribunal to consider his appeal.
9. Mr X complains to us about the Council rejecting his application and then asking for information later that day.
10. The law says we cannot consider any matter that is the subject of an appeal to the tribunal. This means I cannot consider any matter in relation to entitlement to discretionary support. The Valuation Tribunal will decide if Mr X is eligible for help.
11. I have considered what happened on the day Mr X contacted the Council. From the information I have seen, it seems Mr X’s first contract was an enquiry and it is not clear why the Council treated it as an application and made a negative decision. But, as the Council provided information on the same day about making an application, sent forms, and subsequently considered applications, this has not caused any injustice to Mr X. And, his concerns about the decision making process are included in his appeal to the Valuation Tribunal.

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Final decision

12. We will not start an investigation because we have no power to investigate entitlement to discretionary support and because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman