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
- 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.
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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
Final decision
- We will not investigate Ms X’s complaint because she can appeal against the Council’s decision to the VT.
Investigator's decision on behalf of the Ombudsman