Plymouth City Council (19 005 123)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 29 Aug 2019
The Ombudsman's final decision:
Summary: Ms X complains that the Council stopped her council tax support. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.
The complaint
- Ms X complains that the Council stopped her 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 the complainant's and Council's comments. The complainant has been given the opportunity to comment before a final decision has been made.
What I found
- Ms X says that a Council officer recorded incorrect information about her income and savings. As a result, the Council cancelled her council tax support as it determined that she had more than £6,000 in savings. Ms X asked the Council to review this decision, which it did. The Council wrote to her in April 2019 advising her that she could appeal further to a Valuation Tribunal.
- The Tribunal is an independent expert body and its decisions are binding on Councils. I see no reason why an appeal could not have been made.
Final decision
- The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman