The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to recover an overpayment of Council tax support. The Ombudsman will not investigate this complaint because he will have a right of appeal to a Valuation Tribunal.
The complaint
Mr X complains about the Council’s decision to recover an overpayment of Council tax support.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council advised Mr X that there had been an overpayment of Council tax support as it became aware that he could have received a pension payment from 2017 to 2018.
Mr X asked the Council to review this decision as he says he could not have made such withdrawals.
Any decision about whether recovery of a benefit is a matter for the Valuation Tribunal. In this case Mr X should seek advice as he would need to ask the Council to write off the sum using its discretionary powers, a decision which will then enable him to appeal to a Valuation Tribunal.
Final decision
We will not investigate Mr X’s complaint because he will be able to appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman