The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on Mr X’s application for council tax support as he can appeal against it to the Valuation Tribunal.
The complaint
Mr X complains the Council has incorrectly assessed his liability for council tax in the form of what council tax support he should be entitled to. This has affected Mr X’s mental health.
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)
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 gave Mr X its decision on his application for council tax support in March 2022. In its decision, the Council explained to Mr X he had the right to appeal against its decision to the Valuation Tribunal (VT).
The VT is the independent body which determines disputes about council tax liability. We are not able to. It is reasonable therefore to expect Mr X to have used his appeal right and as such, we will not investigate.
The Council is considering whether to make Mr X a payment towards his council tax from its hardship fund. Again, once the Council has come to a decision on this, if Mr X is unhappy with it, he can appeal against it to the VT.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the VT about the Council’s decision on his council tax liability.
Investigator's decision on behalf of the Ombudsman