London Borough of Tower Hamlets (19 014 534)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 24 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s failure to apply a single person’s discount to her council tax bill. This is because if Mrs X disagreed with the Council’s decision it was reasonable for her to appeal to the Tribunal.
The complaint
- Mrs X complains about her council tax bill and the council’s refusal to issue her with a single person’s discount.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Mrs X says the Council has failed to apply a single person’s discount to her council tax bill. Mrs X disagrees with the Council’s decision.
- If Mrs X wanted to challenge the Council’s decision she could have asked for a review. If she was unhappy with the Council’s response, she could have appealed to the Valuation Tribunal. When someone has a right of appeal to a tribunal, the Ombudsman normally expects them to use that right, unless it is unreasonable for them to do so. I do not consider that to be the case here. Any disputes about council tax liability, exemptions, or discounts, can be appealed to the Valuation Tribunal. It is an expert, impartial body, set up by Parliament. It is the specific method the law provides for council tax payers to challenge decisions about council tax liability. This is not the role of the Ombudsman.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because it was reasonable for Mrs X to use the appeal rights available to her.
Investigator's decision on behalf of the Ombudsman