Wokingham Borough Council (20 009 440)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 05 Feb 2021
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about council tax reduction. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
The complaint
- Mr Y complains he is not receiving the level of council tax reduction that he says he should be. This is affecting him financially and has caused him upset and distress.
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 information provided about this complaint. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Mr Y complains the Council has not provided the correct level of council tax reduction. He says the Council has considered a cap on his employment and support allowance benefits due to his household income, which he disagrees with.
- The Council responded to Mr Y’s complaint in October 2020. Mr Y says the Council told him it was a legislative issue and gave him information about how he could appeal. The Council did not uphold the complaint and later referred Mr Y to the Ombudsman in November 2020.
- Mr Y’s desired outcome for his complaint is to have his council tax liability reduced as he disagrees with the Council’s decision. The Valuation Tribunal was set up to consider appeals against decisions on council tax reductions. This is free in some cases and if Mr Y was successful on appeal, any costs he may be charged may be refunded by the tribunal. It is therefore reasonable to expect Mr Y to appeal to the Valuation Tribunal and we will not investigate his complaint.
Final decision
- We will not exercise discretion to investigate this complaint. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman