Summary: We will not investigate Ms X’s complaint about Council tax reduction. This is because she used her right of appeal to the Valuation Tribunal. In addition, the Council has since awarded Ms X council tax reduction and backdated it to the date it was stopped. There is nothing more we could achieve.

The complaint

1. Ms X complained the Council stopped her Council tax reduction without notice. She said the Council then ignored her contact. She wants the Council to put enforcement action on hold whilst awaiting the outcome of her appeal to the Valuation Tribunal.

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The Ombudsman’s role and powers

2. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate Ms X’s complaint about the Council’s decision to stop her Council tax reduction. This is because she had a right of appeal about this decision to the Valuation Tribunal and the evidence shows she used this right of appeal in summer 2023.
8. In addition, in September 2023 the Council considered further evidence submitted by Ms X and awarded her council tax reduction. It backdated the award to 2020, when her previous award ended. It has explained its decision making to her and apologised for any distress caused. It updated its enforcement agents with its decision. There is nothing more an investigation by us could achieve.

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Final decision

9. We will not investigate Ms X’s complaint because she used her right of appeal to Tribunal and there is nothing more we could achieve.

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Investigator's decision on behalf of the Ombudsman