Three Rivers District Council (20 006 148)

Category : Benefits and tax > Council tax support

Decision : Closed after initial enquiries

Decision date : 11 Nov 2020

The Ombudsman's final decision:

Summary: Ms X complains that the Council has made errors with her council tax support claim. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.

The complaint

  1. Ms X complains that the Council has made errors with her council tax support claim.

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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.

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How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

  1. Ms X says that her council tax reduction has been altered several times incorrectly and the Council used an unfair calculation method.
  2. Any dispute about the calculation or changes to council tax reduction can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Final decision

  1. I do not intend to investigate this complaint because the dispute could be appealed to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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