Redcar & Cleveland Council (24 014 517)

Category : Benefits and tax > Council tax support

Decision : Closed after initial enquiries

Decision date : 07 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Council tax because there is a right of appeal and the matter has been remedied.

The complaint

  1. Mr X complains that the Council removed his Council tax support after his move to Universal Credit. He is unhappy with the Council’s assessment of his Council tax support.

Back to top

The Ombudsman’s role and powers

  1. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
  3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. The Council wrongly assessed Mr X’s Council tax support in September 2024 following his move to Universal Credit removing his entitlement to Council tax support altogether. The Claim was reassessed in October providing him with Council tax support of £28 per week. The Council apologised for the original assessment.
  2. Any dispute about the later Council tax decision can be appealed to a Valuation Tribunal. Any dispute about liability, discounts or exemptions from Council tax are a matter for the Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
  3. The Council apologised for the original which I consider a remedy to this part of the complaint.

Back to top

Final decision

  1. We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal and the Council has remedied an error.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings