Summary: We cannot investigate this complaint about an overpayment of council tax reduction. This is because the complainant has appealed to the Valuation Tribunal.

The complaint

1. The complainant, Mrs X, complains about an overpayment of council tax reduction which the Council has asked her to repay.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Valuation Tribunal deals with appeals against decisions about council reduction.

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How I considered this complaint

5. I considered information provided by Mrs X and the Council. This includes an update from the Council saying Mrs X has lodged an appeal with the Valuation Tribunal. I also considered our Assessment Code.

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My assessment

6. The law says we cannot investigate a complaint when the issue is the subject of an appeal to the Valuation Tribunal. Mrs X has appealed to the Valuation Tribunal so we cannot start an investigation.

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Final decision

7. We cannot investigate this complaint because Mrs X has appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman