Slough Borough Council (22 002 804)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 05 Jun 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about backdating council tax support because there is a right of appeal to a tribunal.
The complaint
- Mr X complains about the Council’s refusal to backdate a claim for council tax support.
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 information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made a claim for backdated council tax support which was refused by the Council in December 2021.
- Mr X has a right of appeal against that decision to a tribunal (the time could be extended up to 13 months from the decision). 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.
Investigator's decision on behalf of the Ombudsman