Durham County Council (25 008 789)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 11 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to notify Miss X about its decision regarding her council tax reduction application. This is because Miss X has right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.
The complaint
- Miss X complained the Council failed to notify her regarding its decision not to award her backdated council tax reduction. She also complained the Council did not inform her of its decision to stop her council tax reduction altogether.
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 Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council about its decision not to award her backdated council tax reduction. She also said it failed to notify her of the decision and did not inform her when it eventually stopped providing the reduction.
- The Council said it sent Miss X letters informing her of the decision and of her appeal rights. The Council would not agree to reinstate the council tax reduction.
- Miss X wants us to find the Council at fault. The Ombudsman will not usually investigate complaints where the substantive matters are best dealt with by another body. The Valuation Tribunal will accept late appeals under certain circumstances. Miss X has a right of appeal to the Tribunal regarding the Council’s decision, it would be reasonable for her to use it.
Final decision
- We will not investigate Miss X’s complaint because Miss X has right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman