The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax support. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
The complaint
Mr Y complained the Council failed to backdate his claim for council tax support and have therefore wrongly charged him for council tax which he says he is not liable for.
This has caused Mr Y upset, worry and concern for his finances.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y says he initially contacted the Council in 2020 to complain that is had not backdated his claim for council tax support after he started receiving benefits. He says his sister came to live with him but only for three weeks in 2020, following which he has been incorrectly charge for council tax. Mr Y says he complained in 2021 and has continued to complain in 2022. He approached us in October 2022.
Analysis Mr Y has a right to appeal his liability for council tax to the Valuation Tribunal. It can also consider his entitlement to council tax support. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter.
The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
This 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 application of the single occupation discount. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect him to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman