Bristol City Council (23 006 477)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 10 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax reduction as there is a right of appeal to a Valuation Tribunal.
The complaint
- Ms X complains that the Council failed to award her Council tax reduction (CTR) during 2022.
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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X left home in 2022 due to domestic abuse and, after staying in temporary accommodation, she moved back into her home after evicting her partner. She says that, whilst her housing benefit was sorted out, her CTR had not been backdated.
- The Council says that she was advised in August 2022 to apply for backdating (and again in June 2023) but had received no application.
- Ms X says that she has now made a request but it had been refused.
- Only a Valuation Tribunal can decide whether or not the claim should be backdated (the Ombudsman cannot do this). 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.
- An appeal can be made up to 13 months after the original decision. Ms X may wish to seek advice from her local Citizen’s Advice about doing this promptly.
Investigator's decision on behalf of the Ombudsman