Summary: We will not investigate this complaint about council tax support. This is because Ms X has used her right of appeal to the Valuation Tribunal.

The complaint

1. Ms X says the Council is wrong to seek recovery of a council tax support overpayment. She says the Council has continued to seek recovery of the overpayment while she is appealing.

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The Ombudsman’s role and powers

2. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

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

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My assessment

5. We cannot investigate this complaint because Ms X has appealed to the Valuation Tribunal.

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Final decision

6. We cannot investigate Ms X’s complaint because the law does not allow it.

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Investigator's decision on behalf of the Ombudsman