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

  1. Mr X complains that the Council removed a Council tax discount he previously received.

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The Ombudsman’s role and powers

  1. 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)
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

  1. 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.
  2. 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.

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Final decision

  1. I will not investigate this complaint because he could appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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