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

  1. Mr X complains about the Council’s decision to recover a Council tax reduction.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. 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.
  2. 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.

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Final decision

  1. We will not investigate Mr X’s complaint because he appealed to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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