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
- 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.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- 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.
- The Council apologised for the original which I consider a remedy to this part of the complaint.
Final decision
- We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal and the Council has remedied an error.
Investigator's decision on behalf of the Ombudsman