Test Valley Borough Council (26 012 508)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 04 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate X’s complaint about council tax support because there is a right of appeal to the Valuation Tribunal.
The complaint
- X complains that they should have been offered council tax support for several years and that the Council should backdate it. X also complained to the Council about how it dealt with his Freedom of Information Act request
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.
- The Information Commissioner's Office considers complaints about freedom of information. So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Disputes about a Council tax premium or exemption can be appealed to the Valuation Tribunal. The Valuation Tribunal is an independent body which can determine any disputes about liability, discounts or exemptions from Council tax.
- The Freedom of Information Act is intended to promote openness and accountability by public sector bodies. It gives people rights of access to non-personal information about how an organisation operates and makes decisions.
- The Information Commissioner’s Office (ICO) enforces this legislation. The ICO upholds information rights by promoting openness by public bodies and protecting the privacy of individuals.
- I will not investigate X’s complaint. From the evidence I have seen, it is reasonable for X to appeal to the Valuation Tribunal about the Council’s decisions about council tax support so we will not investigate this complaint.
- We will also not investigate X’s complaint about the Council’s handling of his freedom of information request. The ICO considers and decides complaints about freedom of information, and it is reasonable to expect X to complain to it.
Investigator's decision on behalf of the Ombudsman