The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax discount. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
The complaint
Mr Y complains the Council has refused his application for a council tax discount despite him being disabled.
Mr Y says he was taken to court for non-payment of council tax, when he should have been receiving council tax discount and now says the Council should pay him back for the overpayment.
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 Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered the information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y moved into his current property in July 2020. Mr Y says he applied to the Council for a discount on his council tax. Mr Y then stopped paying council tax. The Council then sought a liability order from the courts for unpaid council tax. It then issued Mr Y with another bill for the full remaining amount of over £300. Councils can bill for the full amount for the year where payments have been missed. Mr Y then paid the council tax after bailiffs contacted him.
Mr Y says he should have received a discount on his council tax as he is on a low income and receiving benefits. He says the Council should pay him the amount he feels he has overpaid in council tax. He also says he should be receiving council tax discount for this financial year too.
Analysis The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
The tribunal is an independent expert body whose decisions are binding on the Council and can decide if Mr Y should receive a council tax discount in the future and can in certain cases backdate this to when an application was originally made. This service is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
Consequently, it is reasonable to expect Mr Y to use his right to appeal to the Valuation Tribunal if he wishes to dispute the Council’s decision not to award him a council tax discount. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman