West Berkshire Council (19 013 849)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 09 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about his Council Tax bill and entitlement to Council Tax Support. This is because it is reasonable for Mr X to appeal to the tribunal.
The complaint
- The complainant, whom I shall call Mr X, complains about his Council Tax bill and entitlement to 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 Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.
What I found
- Mr X disagrees with his Council Tax bill and the Council’s decision about his entitlement to Council Tax Support.
- Decisions about Council Tax or entitlement to Council Tax Support are appealable to a Valuation Tribunal. The tribunal is an independent, expert body, set up by Parliament as a way for the public to challenge decisions about Council Tax. When there is a right to appeal to a tribunal, the Ombudsman normally expects people to use this right, unless it is unreasonable for them to do so. I see no reason an appeal cannot be made to the tribunal. It is the appropriate body to consider Mr X’s complaint. An investigation by the Ombudsman is not therefore appropriate.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman