Maidstone Borough Council (20 004 019)

Category : Benefits and tax > Council tax support

Decision : Closed after initial enquiries

Decision date : 05 Oct 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the Council’s calculation of Mrs X’s council tax liability. This is because Mrs X has the right of appeal against this decision to the Valuation Tribunal.

The complaint

  1. The complainant, whom I shall refer to as Mrs X, complains the Council has wrongly calculated her council tax liability.

Back to top

The Ombudsman’s role and powers

  1. 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)
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

  1. I have considered information provided by Mrs X and the Council’s responses to her complaint. I also spoke with Mrs X and gave her the opportunity to comment on a draft version of this decision.

Back to top

What I found

  1. Mrs X received a letter from the Council stating the amount she had to pay towards her council tax. She disagreed with the amount and asked the Council to review its calculation. As it did not change its decision, Mrs X complained to the Council.
  2. In response the Council told Mrs X it had paid her too much council tax support because the council tax costs it had used in the calculation were incorrect. It told Mrs X she could apply to its discretionary hardship scheme for support or appeal to the Valuation Tribunal.
  3. Mrs X disagreed with the Council’s response and escalated her complaint. But it did not change its decision.
  4. The Ombudsman does not normally investigate complaints about matters that carry a right of appeal to an independent tribunal.
  5. The Valuation Tribunal is an independent body which hears appeals about council tax. This is a free and an easy to access service. We would therefore expect Mrs X to appeal to it to dispute the Council’s decision.

Back to top

Final decision

  1. I will not investigate this complaint about the Council’s calculation of Mrs X’s council tax liability. This is because Mrs X has the right of appeal against this decision to the Valuation Tribunal.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings