London Borough of Merton (23 015 676)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 09 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X’s council tax reduction application. It is reasonable for Mr X to use his statutory right of appeal to the Valuation Tribunal.
The complaint
- Mr X complained the Council refused his application for council tax reduction.
He says the matter has caused him distress. He wants the Council to apply council tax reduction to his account for the period of April to September 2023.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint is about the Council’s refusal of his council tax reduction application for the first six months of his residence in an address in its area.
- The Valuation Tribunal considers appeals about councils’ decisions to refuse council tax reduction applications. There is not a good reason in this case for us to consider the matter instead. We are not an appeal body and only the tribunal can decide whether Mr X should have received council tax support.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to use his right to appeal the Council’s decision to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman