Summary: We will not investigate Mrs X’s complaint that the Council is recovering an overpayment of housing and council tax benefit and has refused discretionary council tax relief. We cannot investigate the housing benefit because Mrs X has appealed to the Social Security Tribunal. It is reasonable for her to appeal to the Valuation Tribunal which covers council tax.

The complaint

1. Mrs X complains the Council is pursuing her for an overpayment of housing benefit and council tax benefit. She says the Council should have noticed the problem sooner. She says the housing benefit case is on hold due to an appeal to the tribunal. The council tax is demanding £160 extra per month saying council tax is a priority payment.
2. Mrs X complains the Council has refused to give her a discretionary council tax relief payment. Mrs X says the Council has caused upset, worry, and stress by dropping on her 4 years of debt.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. I have considered Mrs X’s information and comments. The information includes a council tax letter explaining its position.

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My assessment

7. I will not investigate this complaint for the following reasons:
8. The Ombudsman cannot investigate the housing benefit overpayment case because Mrs X has used her right of appeal to the Social Security Tribunal (see paragraph 5 above).
9. The council tax overpayment and refusal of discretionary council tax relief (‘section 13A’) is outside the Ombudsman’s jurisdiction because Mrs X has or had a right of appeal to a tribunal (paragraph 4). The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
10. I consider it reasonable for Mrs X to use her rights of appeal to the Valuation Tribunal. This is because it has the power to change the Council’s decision and her being able to appeal to the Social Security Tribunal.

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Final decision

11. The Ombudsman will not investigate Mrs X’s complaint that the Council is recovering an overpayment of housing and council tax benefit and has refused discretionary council tax relief. We cannot investigate the housing benefit because Mrs X has appealed to the Social Security Tribunal. It is reasonable for her to appeal to the Valuation Tribunal which covers council tax.

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Investigator's decision on behalf of the Ombudsman