Summary: We will not investigate this complaint about council tax liability and council tax support. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal and it is not a good use of public resources to investigate this complaint about complaint handling.

The complaint

1. Mr Y says the Council has wrongly reduced the level of council tax support he receives. He disputes this and his liability for the increased amount of council tax. He also complains about the difficulty he had in speaking to the Council about his complaint.
2. This has caused him worry and concern as well as an increased financial burden from the council tax he now owes.

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The Ombudsman’s role and powers

3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y says he received council tax support to reduce his council tax payments until April 2018. He then stopped receiving the council tax support and was asked to pay £2,449.84 for the year’s council tax. He says he was then asked to pay £2,217.92 for council tax between April 2019 and March 2020.
8. Mr Y says he then paid £143 per month in council tax but says the Council has now told him he still has a further £691 to pay. He disputes having to pay such high amounts and the removal of the council tax support. He says he has now received a summon to court for the unpaid amount.
9. Mr Y complained to the Council in April 2021. The Council responded in May, explaining the Council had realised that Mr Y had not informed the Council of a change in his income and circumstances. It had therefore reassessed his council tax liability from 2020 to 2018 and this had resulted in the change of entitlement for council tax support. It said it had informed Mr Y of the changes in 2020.
10. Mr Y asked the Council to respond further to his complaint in July, saying he had found it difficult to be able to speak to anyone about the issue. However, as Mr Y had asked for the response more than 30 working days from the previous response, the Council declined to consider his complaint further. Mr Y then approached us in March 2022.

Analysis

11. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. It can assess the level of council tax Mr Y owes, consider any challenge he has about this and any challenge he makes on the amount of council tax support he receives.
12. As Mr Y is challenging both his liability for council tax and the amount of council tax support he should receive, it is appropriate that he uses his right to appeal. The Valuation Tribunal is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service. Consequently, it is reasonable to expect Mr Y to use his right to appeal to the Valuation Tribunal. Therefore, we will not investigate this complaint.
13. Mr Y has also complained about the Council’s communication about his complaint. However, as we are not considering the substantive issue, it is not a good use of public resources to investigate his complaint about the Council’s handling of his complaint. Consequently, we will not investigate this complaint.

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Final decision

14. We will not investigate Mr Y’s complaint because it is reasonable to expect him to appeal to the Valuation Tribunal and it is not a good use of public resources to investigate this complaint about complaint handling.

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Investigator's decision on behalf of the Ombudsman