Durham County Council (21 018 612)

Category : Benefits and tax > Council tax support

Decision : Closed after initial enquiries

Decision date : 18 Apr 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about council tax reduction as Ms X can appeal against the Council’s decision not to award it to her to the Valuation Tribunal.

The complaint

  1. Mrs X complains the Council has refused her application for council tax reduction. Mrs X says she is in receipt of disability benefits and cannot afford to pay full council tax.

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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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In its decision on Ms X’s application for council tax reduction, the Council advised Ms X of how to appeal the decision, ultimately to the Valuation Tribunal (VT). The VT is the independent body that is able to decide such appeals; we cannot. It is reasonable therefore to expect Ms X to appeal and so we will not investigate.

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Final decision

  1. We will not investigate Ms X’s complaint because she can appeal against the Council’s decision to the VT.

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Investigator's decision on behalf of the Ombudsman

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