The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax support because there is a right of appeal to a Valuation Tribunal.
The complaint
Mr X complains that the Council has limited backdating of his Council tax support to three months.
The Ombudsman’s role and powers
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) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X recently applied for Council tax support. He says that he would have been entitled for some years but the Council only backdated his claim three months (which they say is the maximum).
Any dispute about entitlement to Council tax support can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Mr X is unhappy that the Council did not tell him of his right to Council tax support. There is no obligation on Councils to notify individuals of their entitlement to Council tax support (although there is evidence on the Council’s website as to how to claim). I do not therefore consider this to be fault by the Council.
Final decision
We will not investigate Mr X’s complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman