Summary: We will not investigate this complaint about Council tax liability and a housing benefit overpayment because there is a right of appeal to tribunal.

The complaint

1. Ms X complains that the Council holds her liable for a Council debt from 2022 and a housing benefit overpayment.

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The Ombudsman’s role and powers

2. 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)
3. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the DWP. (Local Government Act 1974, sections 25 and 34(1), as amended)
6.  

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Ms X says that the Council holds her liable for Council tax for two years from 2022 onwards. She says that the Council has incorrectly assessed her income. Further she says that the Council holds her responsible for a housing benefit overpayment which has to be repaid.
10. The dispute lies with the assessment of Ms X’s accounts. Only a tribunal can review the decision to recover the housing benefit overpayment.
11. Any dispute about liability, discounts/reduction 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.
12. Ms X received Universal Credit in 2022 and any dispute about their cannot be investigated as the body is out of jurisdiction.

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Final decision

13. We will not investigate Ms X’s complaint because she has a right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman