The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions on the payment of council tax support, single person discount and the liability for council tax payments. It was reasonable for Ms X to appeal to the Valuation Tribunal to challenge these decisions.
The complaint
Ms X complained about the Council removing her council tax support payments for the current financial year. She says it has also ended her single-person discount and amended allowances for her disability. She believes the Council has shared her personal data about Universal Credit awards and income without her consent.
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.
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 the Council removed her eligibility for council tax support and single person discount which has left her with a large amount of council tax to pay for the current financial year. She also says that the calculation of her benefits has reduced how much she receives through Universal credit and that the Council and the Department for Work and Pensins should not have been exchanging her personal data without her consent.
The Council says that she is no longer eligible for council tax support because her income exceeds the threshold. It has advised her to appeal to the Valuation Tribunal which is the proper authority to decide disputes about council tax liability and support payments if she disagrees with the calculations. It also told us that Ms X’s single person discount was re-instated following its removal when she did not respond to a review.
Ms X’s says the Council should not exchange her data with the DWP but there are data sharing agreements in place under the Social Security Administration Act 1992 provisions to allow Universal Credit and other data to be shared. This is so that eligibility for council tax support, housing benefit and other income sources can be calculated to give the correct liability amount and identify fraud or administrative errors.
Final decision
We will not investigate this complaint about the Council’s decisions on the payment of council tax support, single person discount and the liability for council tax payments. It was reasonable for Ms X to appeal to the Valuation Tribunal to challenge these decisions.
Investigator's decision on behalf of the Ombudsman