North West Leicestershire District Council (20 010 419)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 09 Feb 2021
The Ombudsman's final decision:
Summary: Ms X complains that the Council reduced her entitlement to council tax support and she now faces a higher council tax bill. We will not investigate this complaint because there is no evidence of fault by the Council and she will have a right of appeal to a Valuation Tribunal.
The complaint
- Ms X complains that the Council reduced her entitlement to council tax support and she now faces a higher council tax bill.
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 commented on the draft decision.
What I found
- The Council reviewed Ms X’s entitlement to council tax support in 2020 on the basis that her income had changed and it had not previously been told of the changes.
- Ms X says that the Council sent two separate bills and the charges are unclear. The Council wrote to her explaining the basis of the increased bill.
- I am satisfied that the Council properly explained the basis of the change in her council tax bills. If Ms X considers the Council at fault for failing to note information she provided to them about her changes of circumstances she can ask the Council to use their discretion to waive the increase. She will then have a right of appeal to a Valuation Tribunal about this. She can also appeal the current assessment of her council tax support to the Valuation Tribunal.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault by the Council and she could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman