Maidstone Borough Council (20 014 524)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 18 May 2021

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint that the Council has not applied a single person’s discount to her council tax as Ms X can appeal against this decision to the Valuation Tribunal.

The complaint

  1. Ms X complains the Council has not applied a single person’s discount to her council tax account and so Ms X is paying more than she feels she should.

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The Ombudsman’s role and power

  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)

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How I considered this complaint

  1. I have considered what Ms X said in her complaint and I have sent her my draft decision on it for her comments.

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What I found

  1. Ms X complains about the Council’s decision that she does not qualify for a single person’s discount on her council tax as it considers she is not living at the property. Ms X explains she provides support to her parents sometimes at weekends but that she does live at her property. The Council has advised Ms X of her right to appeal to the Valuation Tribunal (VT).

Analysis

  1. Ms X can appeal to the VT about the Council’s decision and as the VT is the body that resolves disputes about council tax discounts, it is best placed to deal with this. We will not therefore investigate.

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Final decision

  1. My decision is we will not investigate this complaint as Ms X can appeal to the VT about the Council’s decision and the VT is best placed to deal with this matter.

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Investigator's decision on behalf of the Ombudsman

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