Summary: We will not investigate Miss B’s complaint about the Council’s decision on her council tax support claim. This is because it is reasonable for Miss B to put in an appeal to the Valuation Tribunal.

The complaint

1. Miss B says the Council has not paid her the full amount of council tax support she is entitled to.

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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. The Act 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Miss B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. As advised by the Council, Miss B may put in an appeal to the Valuation Tribunal after asking the Council to review her council tax support claim.
8. I find it is reasonable for Miss B to put in an appeal. It is the role of the Valuation Tribunal and not the Ombudsman to decide such matters.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Miss B’s complaint because it is reasonable for her to put in an appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman