The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to cancel Ms X’s housing benefit and council tax reduction claim. It was reasonable for her to appeal to the independent benefits tribunal to challenge the decision. We cannot investigate the Council’s action to obtain a liability order against Ms X for non-payment of council tax. We have no jurisdiction to challenge a decision made by the courts.
The complaint
Ms X complained about the Council ending her housing benefit and council tax reduction claims. She says the Council repeatedly ask for personal information each year and that she has provide sufficient for the claim to be processed. She says the Council’s billing information for council tax is inadequate and that she has been fraudulently taken to court for arrears.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) 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) We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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
Ms X says for the past two years she has been given inadequate council tax billing information. In March 2022 her housing benefit and council tax reduction claim was cancelled following the Council’s demands for her to provide a completed claim form and specified financial information. She believes that she has provided sufficient for the Council to process the claim.
The Council told Ms X in June that it would review the decision if she provided the required information. She threatened to take court action against the Council in July and it advised her to appeal the decision to the independent benefits tribunal if she wished to challenge it. Ms X has not yet appealed.
The Council issued a summons to Ms X for unpaid council tax and in July it applied to the Magistrates Court for a liability order which was granted. The Council says Ms X has not specified why she has refused to pay the council tax due so it has been unable to tell her whether she has appeal rights available.
We cannot investigate complaints about matters which have been subject to court proceedings. If Ms X wanted to challenge her liability for the council tax, she could have specified this to the billing authority for review. She would then have been advised of her right to appeal to the Valuation Tribunal.
Ms X is required to resubmit information in a specified form for her benefit claim to continue as with any other claimant. The authority cancelled the claim when she failed to provide this information. She was advised how to have the decision reviewed and how to submit an appeal but did not do so.
We will not investigate a complaint about a matter which carries a right of appeal to an independent tribunal and it was reasonable for the complainant to pursue it. I have seen no evidence to suggest that Ms X could not have submitted an appeal as she was aware of the procedure.
Final decision
We will not investigate this complaint about the Council’s decision to cancel Ms X’s housing benefit and council tax reduction claim. It was reasonable for her to appeal to the independent benefits tribunal to challenge the decision. We cannot investigate the Council’s action to obtain a liability order against Ms X for non-payment of council tax. We have no jurisdiction to challenge a decision made by the courts.
Investigator's decision on behalf of the Ombudsman