Bolton Metropolitan Borough Council (21 007 751)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 12 Oct 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s decision to end the complainant’s council tax reduction. This is because the complainant has appealed to the Valuation Tribunal.
The complaint
- The complainant, whom I refer to as Mr X, disagrees with the Council’s decision to treat him as having excessive capital and end his council tax reduction (CTR) from April 2021.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
- The Valuation Tribunal deals with appeals against decisions on CTR.
How I considered this complaint
- I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- The Council ended Mr X’s CTR from April because it decided he had excess capital following the sale of his house. Mr X says the Council should disregard the capital because he used the money to pay for improvements in his new home. Mr X has appealed to the Valuation Tribunal and is waiting for a hearing date.
Final decision
- I cannot investigate this complaint because Mr X has appealed to the Valuation Tribunal. The law says we cannot investigate any matter which is the subject of an appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman