The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council calculated council tax support. This is because it would have been reasonable for the complainant to have used his right of appeal to the valuation tribunal.
The complaint
The complainant, who I will call Mr X, complains about how the Council calculated his council tax support in 2019.
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 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 information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint because Mr X had a right of appeal to a tribunal, and I consider that it is reasonable to have expected him to have used that right. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. The Valuation Office Agency told Mr X in June 2021 that the next step to challenge the decision about his council tax banding would be an appeal to the Valuation Tribunal. It would have been reasonable for Mr X to use his right of appeal at that time.
Final decision
We will not investigate Mr X’s complaint because it would have been reasonable for him to have appealed to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman