Leicester City Council (23 004 666)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 25 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax payments as there was a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council miscalculated his Council tax reduction and reneged on a promise not to continue enforcement action.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X disputes the amount of Council tax support to which he is entitled. Nevertheless, the Council pursued enforcement action against him for unpaid Council tax and the matter went to a magistrate’s court for a Liability Order in December 2022.
- The Council agreed to suspend enforcement if he kept to a repayment plan. The Council says that no payment was received (and a direct debit was cancelled by Mr X) and a Liability Order was obtained and bailiffs instructed to pursue the debt in March 2023.I am satisfied that the Council’s decision to reinstate enforcement action was not fault.
- Mr X had a right of appeal to a tribunal if he disagreed with the way his Council tax support was calculated. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Investigator's decision on behalf of the Ombudsman