Tonbridge and Malling Borough Council (24 009 322)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 24 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a recovery of Council tax reduction because he has appealed to a Valuation Tribunal.
The complaint
- Mr X complains about the Council’s decision to recover a Council tax reduction.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
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 has sought recovery of Council tax reduction despite his assertion that he told the Council of all changes of circumstances.
- The matter has been appealed to a Valuation Tribunal and the dispute will be determined by the tribunal. The Ombudsman cannot investigate this complaint for the reason given in paragraph two above.
Final decision
- We will not investigate Mr X’s complaint because he appealed to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman