Summary: Ms X complains about the Council’s refusal to determine her claim for housing benefit and its decision to cancel her council tax support. We will not investigate this complaint because she had a right of appeal against the decision to stop her council tax support and there was no fault in the Council’s decision to advise her to claim Universal Credit.

The complaint

1. Ms X complains about the Council’s refusal to determine her claim for housing benefit and its decision to cancel her council tax support.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

Back to top

What I found

6. Ms X made a claim for housing benefit on 1 May 2020. The Council says they wrote back to say that she had to claim Universal Credit instead. Ms X says she did not get this letter until the beginning of June.
7. The Council cancelled her council tax support claim because they say they were told that she had moved abroad. The Council advised her of this decision and she was given an opportunity to appeal to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
8. Whilst Ms X believes she is entitled to housing benefit, the Council’s website clarifies that claimants in her postcode have to claim Universal Credit instead of housing benefit. Universal Credit includes an amount towards housing costs.
9. Ms X says that there was a delay in receiving the letter advising her about Universal Credit but I cannot say whether this was due to the Council or the Postal Service. Nevertheless, she would have been able to seek backdating of Universal Credit to 1 May.
10. Whilst the decision to cancel her council tax support was apparently based upon an error, the proper way to dispute the decision was by appeal, and I am satisfied that opportunity was given to her.

Back to top

Final decision

11. I do not intend to investigate this complaint because there was no fault by the Council regarding housing benefit and there was a right of appeal regarding council tax support.
     

Back to top

Investigator's decision on behalf of the Ombudsman