The Ombudsman's final decision
Summary: We will not investigate this complaint about backdating council tax support because there is a right of appeal to a tribunal.
The complaint
Mr X complains about the Council’s refusal to backdate a claim for council tax support.
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 information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made a claim for backdated council tax support which was refused by the Council in December 2021.
Mr X has a right of appeal against that decision to a tribunal (the time could be extended up to 13 months from the decision). The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Investigator's decision on behalf of the Ombudsman