Reading Borough Council (19 003 690)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 25 Nov 2019
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s decision to decline his application for discretionary council tax support payment. The Ombudsman should not investigate this complaint. This is because it was reasonable for him to appeal to the Valuation Tribunal which is the proper authority to consider council tax support payment decisions.
The complaint
- The complainant, whom I shall call Mr X, complains about the Council refusing his application for council tax support which he received in previous years.
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 have considered all the information which Mr X submitted with his complaint and he has commented on the draft decision.
What I found
- Mr X received council tax support payments in the previous three years but in 2019 he only received a limited reduced amount. He complained to the Council about the decision and it said it was a discretionary payment and on this occasion the amount has been reduced according to his circumstances. The Council advised him in June that if he wished to challenge the decision, he should appeal to the Valuation Tribunal in the timescale available.
- Mr X made further complaints and the Council re-iterated that the Valuation Tribunal is the body which considers appeals against decisions on council tax support.
- The Ombudsman does not normally investigate complaints about matters where there is a right of appeal to an independent tribunal. The Council gave Mr X the information about appealing with its replies and it was for him to appeal to the proper authority.
Final decision
- The Ombudsman should not investigate this complaint. This is because it was reasonable for him to appeal to the Valuation Tribunal which is the proper authority to consider council tax support payment decisions.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman