London Borough of Harrow (19 017 793)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 04 Mar 2020
The Ombudsman's final decision:
Summary: Mr X complains that the Council removed a Council tax discount he previously received. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council removed a Council tax discount he previously received.
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 have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,
What I found
- Mr X was told by the Council that a single occupancy discount previously applied to his account had been removed as he had not re-claimed it. It added that the discount also did not apply from April 2017 as he no longer lived at the property.
- Any decision to apply or remove an exemption of discount to Council tax can be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Final decision
Investigator's decision on behalf of the Ombudsman