Summary: We will not investigate Ms X’s complaint on behalf of Mrs Y about the Council failing to tell Mrs Y about her right to apply for Council Tax Support. This is because it is reasonable to expect her to use her right of appeal to the Valuation Tribunal.

The complaint

1. Ms X complains on behalf of Mrs Y that the Council failed to tell her she was entitled to claim Council Tax Support between 2016 and 2023. She says this caused financial insecurity for Mrs Y.

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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 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).

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How I considered this complaint

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

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My assessment

6. Mrs Y paid Council Tax from 2016 to 2023. In 2023, she applied for Council Tax Support after advice from a third party. The Council awarded Mrs Y Council Tax Support but decided not to backdate the payment.
7. Ms X complained on behalf of Mrs Y. She said the Council should have told Mrs Y she was entitled to Council Tax Support in 2016. The Council upheld its decision and told Ms X about Mrs Y’s right to appeal to the Valuation Tribunal.
8. I will not investigate this complaint. Ms X was aware of Mrs Y’s right to appeal to the Valuation Tribunal, and it is reasonable to expect her to have done this.

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Final decision

9. We will not investigate Mrs Y’s complaint because it is reasonable to expect her to have appealed to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman