Summary: We will not investigate Miss X’s complaint about Council Tax reduction payments. It is reasonable to expect Miss X to use the Council’s internal appeal and after that, appeal to the Valuation Tribunal.

The complaint

1. Miss X says the Council should not be claiming back payments of Council Tax.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Miss X which included the Council’s reply to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council says in April 2024 the Benefit Agency gave it information. This meant it says that Miss X had not been entitled to as much Council Tax support as the Council had granted her since 2015. It reissued bills. It said Miss X owed over £5000.
7. Miss X complained to the Council and said it should write off the ‘overpayment debt’. She said she had told the Council of her income changes and had questioned the bills at the time of issue. The Council considered her request. This is a request for a discretionary support payment. It refused it in July 2024. It told Miss X that she could appeal its decision.
8. Councils can award discretionary Council Tax Reduction to reduce a claimant’s council tax, using their powers under S13A(1)(c) of the Local Government Finance Act 1992 (as amended). Each council should have its own scheme. Somebody experiencing financial hardship because of a decision about wrongly paid council tax reduction, can apply for a discretionary reduction. Appeals about those decisions are to the Valuation Tribunal.
9. It is reasonable to expect Miss X to appeal as the Council signposted to her and after that appeal to the Valuation Tribunal.

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Final decision

10. We will not investigate Miss X’s complaint because it is reasonable to expect her to use the Council’s internal appeal and after that appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman