London Borough of Brent (21 007 023)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 06 Oct 2021
The Ombudsman's final decision:
Summary: We cannot investigate this council tax complaint because the complainant has appealed to the Valuation Tribunal.
The complaint
- The complainant, whom I refer to as Ms X says the Council has failed to administer her council tax correctly. Ms X wants a credit to be added to her council tax account.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6), as amended)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- We only consider a complaint if the Council has first had a chance to deal with it.
How I considered this complaint
- I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
- Ms X complained to the Council about not receiving the council tax single person discount. She also complained that the Council had not treated a property as two separate units for council tax. I cannot investigate either issue because Ms X has appealed to the Valuation Tribunal.
- Ms X has also complained about not receiving a council tax bill which would have allowed her to apply for a discretionary grant. I will not investigate this issue because she has not complained about it to the Council. If Ms X wants to pursue a complaint that she has been denied the opportunity to apply for a discretionary grant then she will need to complain to the Council.
Final decision
- I cannot investigate this complaint because Ms X has appealed to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman