London Borough of Haringey (24 003 092)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 27 Jun 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s management of Mr X’s council tax account. This is because he has right of appeal to the Valuation Tribunal and it would be reasonable for him to use it.
The complaint
- Mr X complained the Council has miscalculated his entitlement to council tax reduction for the 2022 financial year.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2024 Mr X received notification from the Council that it had recalculated his council tax account using information he had provided regarding his self-employed earnings in 2022 and this had shown Mr X had received a substantial overpayment of council tax reduction. The Council told Mr X he would have to repay the debt this created on his account.
- Mr X complained to the Council and appealed its decision when it maintained that the outstanding balance was accurate. The Council summarised the calculations used to determine he owed the Council a repayment and referred Mr X to the Valuation Tribunal if he disagreed.
- Mr X has brought his complaint to the Ombudsman because he disagrees with the Council’s decision. The Ombudsman will not usually exercise discretion to investigate complaints where the complainant has an unused right of appeal to a tribunal. In this case, Mr X can appeal the Council’s decision at the Valuation Tribunal; it would therefore be reasonable for him to take this action.
Final decision
- We will not investigate Mr X’s complaint because he has right of appeal to the Valuation Tribunal and it would be reasonable for him to use it.
Investigator's decision on behalf of the Ombudsman