Summary: We will not investigate this complaint about the Council’s decision regarding Mr X’s entitlement to Council Tax Support. Mr X used his statutory right of appeal to the Valuation Tribunal. We cannot also consider the matter.

The complaint

1. Mr X complained the Council said that due to a mistake, he had been overpaid Council Tax Support. He said his family could not afford to pay the council tax arrears, and he wanted them to be waived or reduced.

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The Ombudsman’s role and powers

2. 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)
3. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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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. Mr X’s complaint to us is about the Council’s decision in early 2025 that his entitlement to Council Tax Support had reduced. The Council considered Mr X’s complaint as a request for review. It signposted him to his right of appeal to the Valuation Tribunal. We have also previously told Mr X about his right of appeal to the Valuation Tribunal. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
7. Mr X says he referred the matter to the Valuation Tribunal but says the Council then asked him to withdraw his appeal. Where someone has used their right of appeal to a tribunal, we have no power in law to consider the matter. This remains the case even where the person subsequently withdraws their appeal, as may be the case here.
8. The Valuation Tribunal is best placed to consider disputes relating to Council Tax Support and even where someone has not used their right of appeal, we would not normally consider a complaint about the matter.
9. Mr X raised related concerns with us about the Council’s handling of the matter, including inconsistent communication about how much he needed to pay and lack of response to his attempts to contact Council officers. It is not a good use of public resources to investigate these peripheral complaints when the substantive matter is one we cannot investigate. We will not investigate these concerns.

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Final decision

10. We will not investigate Mr X’s complaint because he used his right of appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman