Basildon Borough Council (23 004 987)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 10 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax deduction because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council unreasonably delayed his application for a Council tax deduction.
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 says that the Council failed to provide him with a hard copy of a Council tax deduction application form. This meant that he had to pay more Council tax.
- An applicant for Council tax deduction can make a claim for backdating depending on their circumstances. Any decision to refuse this request can be appealed to a Valuation Tribunal.
- 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.
Final decision
- We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman