The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint. This is because it is outside our jurisdiction. The law says we cannot consider a complaint about the content of a council’s Council Tax Support scheme.
The complaint
Mr X complains the Council is including Personal Independence Payments in its assessment for Council Tax Support. He says this is indirect discrimination against people with disabilities.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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
The Council changed its Council Tax Support policy and decided to include Personal Independence Payments when it assesses income. Mr X complains the policy change indirectly discriminates against disabled people.
The Council says it uses its Discretionary Relief scheme to mitigate the impact of the Council Tax policy for the most vulnerable households. It says it has awarded Mr X the same overall support as the previous year. Mr X says he could be disadvantaged in the future.
We cannot consider a complaint about a council’s Council Tax Support scheme. The law says the content of the policy can only be challenged in the High Court.
Final decision
We will not investigate Mr X’s complaint because it is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman