London Borough of Bromley (23 020 639)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 15 May 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s decision that she is not entitled to receive council tax support to cover her full council tax liability. This is because Ms X has appeal rights to the Valuation Tribunal against the decision which places the complaint outside our jurisdiction.
The complaint
- Ms X complains the Council has not paid council tax support to cover her full council tax bill. She says because she is not working she should not have to pay any council tax.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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
- The restriction highlighted at paragraph 3 applies to Ms X’s complaint about her entitlement to council tax support. She can appeal against the Council’s decision to the Valuation Tribunal. As she has this alternative remedy available which we would reasonably expect her to use, the complaint falls outside our jurisdiction and will not be investigated.
- The Council has explained to Ms X that under its current council tax support scheme, all working age residents (whether working or not) are required to pay a minimum of 30% of their council tax liability. However, it has also advised her that it is open to her to apply for discretionary help with her council tax.
Final decision
- We will not investigate Ms X’s complaint because she has appeal rights to the Valuation Tribunal against the Council’s decision which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman